United States v. Walker

HAYNSWORTH, Senior Circuit Judge:

Again we are met with the question of admissibility of the grand jury testimony of an unavailable witness under Federal Rule of Evidence 804(b)(5). We conclude that the evidence was properly admitted in this case. All four of the defendants were convicted upon all counts of an indictment charging them with conspiracy to import marijuana, conspiracy to possess it, importation of marijuana and possession with intent to distribute it in violation of 21 U.S.C. §§ 952(a) and 960, 841(a)(1) and 18 U.S.C. § 2.

I

A shrimp trawler proceeded out of St. Catherine’s Sound,…