United States v. Dowdell

595 F.3d 50 (2010)

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United States v. Dowdell

United States Court of Appeals for the First Circuit
595 F.3d 50 (2010)

Facts

Law-enforcement investigator Joao Monteiro purchased crack cocaine from Darryl Dowdell (defendant). Monteiro noted that Dowdell was wearing a blue-checkered shirt at the time of the sale. A few hours later, Dowdell was arrested on an unrelated charge. Dowdell’s booking photo showed him wearing a blue-checkered shirt. Monteiro identified the man in the booking photo as the one who had sold him crack cocaine several hours earlier. At trial, Dowdell claimed that Monteiro’s identification was incorrect and that Dowdell was not the person who had sold drugs to Monteiro. To corroborate Monteiro’s trial identification of Dowdell, the booking sheet was introduced into evidence under the public-records exception for hearsay. The booking sheet contained both the photo of Dowdell in the blue-checkered shirt and a textual description that Dowdell had been wearing a blue plaid shirt when he was booked, both of which matched Monteiro’s description of the man who had sold drugs to him. Dowdell was convicted and appealed. On appeal, Dowdell claimed that the booking sheet should have been excluded because it was a police report and police reports are not admissible under the hearsay exception for public records.

Rule of Law

Issue

Holding and Reasoning (Howard, J.)

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