United States v. Emanuel Johnson

LEVIN H. CAMPBELL, Circuit Judge.

Johnson was tried and convicted for distributing cocaine in violation of 21 U.S.C. § 841(a)(1). He appeals from the district court’s ruling that he could not interrogate a former codefendant named Perry after it appeared that Perry would invoke the Fifth Amendment privilege against self-incrimination. Johnson asserts (1) that Perry was in no danger of self-incrimination, (2) that Perry had waived his Fifth Amendment privilege, and (3) that Johnson, in any event, had the right to question Perry before the jury.

Perry and one Hammond had pleaded guilty at the…