United States v. Ramiro Gonzalez

RONEY, Circuit Judge:

This case involves the question of whether the grand jury testimony of a previously convicted coconspirator who refuses to testify at trial is admissible against a criminal defendant. We hold that the transcript is inadmissible hearsay because it does not qualify either as a statement against interest, Fed.R.Evid. 804(b)(3), or as a statement with “equivalent circumstantial guarantees of trustworthiness,” Fed.R.Evid. 804(b)(5).

The facts reflect a typical marijuana importation plan along the Texas border. Rogelio Guerrero was hired to drive a truck to a certain spot, wait…