Legal Opinion

United States v. West

Court of Appeals for the Fourth Circuit

Decided February 13, 1978No. Nos. 76-1837 through 76-1843PublishedCited by 83 opinions

1Opinion of the Court

HAYNSWORTH, Chief Judge:

Calvin W. West, Floyd Lee Davis and Joseph Lee Dempsey appeal their convictions for distributing heroin and possessing heroin with the intent to distribute it. The most significant question presented is whether the admission of the grand jury testimony of Michael Victor Brown, who was slain prior to trial, was permissible under Rule 804(b)(5) of the Federal Rules of Evidence and the Confrontation Clause of the Sixth Amendment. We hold that it was.

The convictions challenged here are the product of an extensive Drug Enforcement Agency (DEA) investigation in which Brown…

2Cases cited13 opinions

  1. Chambers v. MississippiSupreme Court of the United States · 1973
  2. Pointer v. TexasSupreme Court of the United States · 1965
  3. California v. GreenSupreme Court of the United States · 1970
  4. Dutton v. EvansSupreme Court of the United States · 1970
  5. Douglas v. AlabamaSupreme Court of the United States · 1965

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3Cited by83 opinions

  1. United States v. Michael G. Thevis, Alton Bart Hood, Global Industries, Inc., Anna Jeanette EvansCourt of Appeals for the Fifth Circuit · 1982
  2. John Furtado v. Harold Bishop, John Furtado v. Harold BishopCourt of Appeals for the First Circuit · 1979
  3. United States v. Jeffrey A. BarlowCourt of Appeals for the Sixth Circuit · 1982
  4. United States v. Milton Edward BaileyCourt of Appeals for the Third Circuit · 1978
  5. United States v. Charles William McHan United States of America v. Charles William McHanCourt of Appeals for the Fourth Circuit · 1996

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