United States v. Green
United States Court of Appeals for the Third Circuit
556 F.3d 151 (2009)

- Written by Sean Carroll, JD
Facts
Confidential informant Michael Brown bought drugs from Artega Green (defendant). Green was charged with the sale. At trial, Brown flipped on the government and testified for Green. Brown testified that Green was not the person who sold him the drugs. The prosecution (plaintiff) called Drug Enforcement Agency (DEA) Special Agent Eric Miller as a rebuttal witness. Miller testified over Green’s objection that 50 minutes after the drug sale, law enforcement brought Brown back to a DEA office, where Brown stated that it was Green who sold him the drugs. Green was convicted, and he appealed, arguing that Brown’s statement in the DEA office was not a present sense impression but was inadmissible hearsay.
Rule of Law
Issue
Holding and Reasoning (Cowen, J.)
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