United States v. Ted Johnston

CUDAHY, Circuit Judge.

In this appeal we are asked to decide whether the district court erred when it refused to permit an Assistant United States Attorney to testify in a suppression hearing preceding a jury trial in which he participated as a government prosecutor. We affirm.

I. FACTS

On May 21,1980, defendant Ted Johnston and eleven co-defendants were indicted on thirteen counts of violating various provisions of the Comprehensive Drug Abuse Prevention and Control Act.1 Count Two of the indictment alleged that defendant conspired with co-defendant Andrew Theodorou and others to import…