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01-1903 U.S. v. Smith
By: dmc-admin//February 18, 2002//
Listen to this article“The informant’s statement in our case bears at least as many indicia of reliability as the informant’s statement in Berthiaume. First, in the present case, Goodlow’s testimony supported the informant’s statement. Next, the informant in our case told Detective Pointer that Smith had a gun immediately after leaving the house. There is no indication about when the informant in Berthiaume told the law enforcement agent about his drug transactions with the defendant; and the reliability of those statements depended much more on the memory of the informant, as they concerned drug transactions that occurred over a nine-month period. Therefore, as in Berthiaume, the district court did not abuse its discretion in finding that the hearsay testimony was reliable.”
Affirmed.
Appeal from the United States District Court for the Northern District of Indiana, Lozano, J., Kanne, J.
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