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United States v. Butterworth

United States Court of Appeals for the First Circuit

511 F.3d 71 (2007)

Facts

Ryan Butterworth (defendant) was indicted by a grand jury for crimes related to drug trafficking. Crystal Alexander, Butterworth’s girlfriend, had testified against Butterworth before the grand jury, providing information about the operations of Butterworth’s drug trafficking. At trial, the prosecution (plaintiff) called Alexander as a witness, but her testimony was not the same as that before the grand jury. Alexander still spoke of the drug operation but contradicted her grand-jury testimony in terms of volume of drugs and money she had seen, frequency of sales, and other details of the operation. The trial court permitted the prosecution to cross-examine Alexander about her grand-jury testimony. Butterworth was convicted, and he appealed, arguing that Alexander’s grand-jury testimony was inadmissible hearsay.

Rule of Law

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Issue

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Holding and Reasoning (Boudin, C.J.)

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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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