UNITED STATES V. HOGAN
763 F.2d 697 (1985)
NATURE OF THE CASE: Hogan (Ds) appealed the decision convicting them of importing
marijuana and conspiracy to import and possess with the intent to distribute the drug. One
defendant also appealed denial of a motion to sever trials.
FACTS: The Hogan brothers (D) were indicted for importing marijuana after Carpenter, the
pilot of an airplane owned by one of the brothers, was arrested in Mexico at a deserted
airstrip. A pouch containing $15,000 was found on the plane, and 6000 pounds of marijuana
was found in a truck parked near the airstrip. After his arrest, Carpenter gave statements
to Mexican and U.S. officials which implicated D in the conspiracy. When he returned to the
U.S., Carpenter was called to give grand jury testimony in a related case pending before the
same court in which D were to be tried, but before a different judge. After refusing to
testify, Carpenter was given immunity, and denied that he or D were involved in a
conspiracy. He also testified that the confessions he gave in Mexico were wholly fabricated
and resulted from torture. He was indicted for perjury. At trial, the prosecutor announced
during his opening arguments that he intended to call Carpenter, that he expected him to
exculpate D, and that he intended to impeach such exculpatory testimony with the confession.
D objected to Carpenter's testifying because the prosecution was calling him solely to
impeach him. The testimony was admitted. D appeal their convictions.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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