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U.S. v. SMALLWOOD

No. CRIM. 03-245-A.

299 F.Supp.2d 578 (2004)

UNITED STATES of America v. Tyrone SMALLWOOD, Thomas Edward Smith, Jr.

United States District Court, E.D. Virginia, Alexandria Division.

January 13, 2004.

Attorney(s) appearing for the Case

Brian D. Miller, Assistant United States Attorney, United States Attorney's Office, Alexandria, VA, for Plaintiff.

Thomas Abbenante, Washington, DC, Lana Manitta, Marin, Arif, Petrovich & Walsh, Springfield, VA, Ivan Darnell Davis, Office of the Federal Public Defender, Frank Salvato, Alexandria, VA, for Defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

At issue in this prosecution of two defendants for murder and use of a firearm while engaged in a drug conspiracy in violation of 21 U.S.C. § 848(e)(1)(A) and 18 U.S.C. § 924(c) & (j) is whether certain statements made by the murder victim to his sister, brother, and roommate on the day of the murder are admissible pursuant to an exception to the hearsay rule.

I.

Defendants...

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