United States v. Girard

I dissent.

If the issue presented by this case simply turned upon the resolution of a factual dispute involving the credibility of the Government’s agents vis-a-vis that of the appellant, I would have no difficulty in joining my brothers in affirming this case. However, even assuming under the facts of this case that all questions of credibility were resolved adversely to the appellant at the trial level, this alone does not end the inquiry. In each instance, regardless of an accused’s testimony or lack thereof, the burden rests upon the prosecution to provide evidence of compliance with the…