United States v. Mohammad Dolah, Marshall Weinberg
Court of Appeals for the Second Circuit
1Opinion of the Court
JON 0. NEWMAN, Circuit Judge.
This appeal primarily concerns a claim that the admission of out-of-court witness statements, coupled with the prosecution’s selective use of immunity, resulted in the denial of a fair trial. The Government granted immunity to some former co-workers of the Appellants and presented them as live witnesses; as to other former coworkers, the Government refused to grant use immunity and instead offered then-guilty plea allocutions as statements against penal interest. As a result, the Appellants could cross-examine only the co-workers deemed so entirely helpful to the…
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