United States v. Gilberto Pablo Alvarez

LEWIS R. MORGAN, Circuit Judge:

The appellant, Gilberto Alvarez, was convicted of heroin trafficking charges 1 by the words of a dead man. The decedent’s statements allegedly implicating Alvarez were heard only by Lopez, the prosecution’s principal witness, who had earlier pled guilty to narcotics charges and received probation. In addition to other alleged trial errors, the appellant urges that Lopez’ in-court testimony of the out-of-court statements by the decedent constituted inadmissible hearsay and violated his constitutional right of confrontation. We agree, and therefore reverse the…