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United States v. Dietrich

United States Court of Appeals for the Seventh Circuit
854 F.2d 1056 (1988)


Facts

John Dietrich (defendant) was convicted of crimes relating to the sale of counterfeit $100 bills. As part of its investigation of Dietrich, the Secret Service interviewed Angel Thomas. During the interview, two Secret Service agents told Thomas that her common-law husband, Charles Peek, had been arrested for passing counterfeit $100 bills and that she too would be arrested if she did not cooperate with them. No one else was present during the interview, and the interview was not recorded. During the interview, Thomas told the two agents that during a meeting with Dietrich and his wife, Dietrich had showed Thomas and Peek counterfeit $100 bills and asked Thomas and Peek to get rid of them for him. Thomas said that she and Peek declined. Following the interview with the Secret Service agents, Thomas signed a statement. During Dietrich’s trial, Thomas contradicted the statement she gave to the Secret Service agents. Thomas claimed she had never met Dietrich before and that she made up the story to help Peek and prevent her own arrest. The government admitted her signed statement from the interview over Dietrich’s objection. Dietrich appealed, arguing that the government improperly used the statement for the truth of the matter asserted even though it was hearsay.

Rule of Law

Issue

Holding and Reasoning (Flaum, J.)

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