United States v. Daniel J. Donlon

BREYER, Chief Judge.

Daniel Donlon, a previously convicted felon, appeals his conviction for having unlawfully possessed a firearm. See 18 U.S.C. § 922(g)(1). A basic factual question at trial was whether or not a pistol that police found under a laundry basket belonged to him. His former girlfriend, Sherry Cardo-za, who is now his wife, gave incriminating grand jury testimony. Later, at trial, she invoked the “spousal” privilege against testifying. The district court then admitted her earlier grand jury testimony into evidence. Donlon says that the court could not legally admit that grand…