UNITED STATES V. BARRETT 539 F.2d 244 (1976) CASE BRIEF

UNITED STATES V. BARRETT

539 F.2d 244 (1976)

NATURE OF THE CASE: Barrett (D) sought review of a judgment that convicted him of interstate transportation of stolen postage stamps, in violation of 18 U.S.C.S. 2314; the receipt, concealment, sale, barter, and disposal of stolen postage stamps in violation of 18 U.S.C.S. 2315; and conspiracy under 18 U.S.C.S. 371.

FACTS: Barrett's (D) nickname was 'Bucky.' He was allegedly involved in a conspiracy regarding the theft of stamps from a philatelic museum. Ben Tilley was an alleged co-conspirator of D, but died prior to trial. 'Buzzy' Adams testified against D in return for immunity from prosecution. One of D's witnesses was Melvin, a portion of whose testimony concerned a conversation he had had with Tilley. D made an offer of proof that Melvin would testify that Tilley had said that the and Bucky or Buzzy were going to have some trouble because of the 'stamp theft matter.' Melvin asked Tilley if he meant Bucky or Buzzy. Tilley said, 'No, Bucky wasn't involved. It was Buzzy.' D argued that the conversation was admissible under the statement against interest exception because it was clearly against Tilley's penal interest, since Tilley himself was involved in the theft. The trial court, however, found that the portion of the statement which tended to exculpate D was not against Tilley's interest, and refused to admit it. D appeals his conviction.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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