United States v. Huskey
United States Court of Appeals for the Fourth Circuit
90 F.4th 651 (2024)

- Written by Sean Carroll, JD
Facts
Dricko Huskey (defendant) was charged with conspiracy under the Racketeer Influenced and Corrupt Organizations Act. Huskey sought to admit into evidence statements made by confidential Federal Bureau of Investigation informants under the residual exception to the hearsay rule. Huskey argued that the statements came with a guarantee of trustworthiness because an informant’s lying to the Federal Bureau of Investigation would defeat the purpose of being an informant in the first place. One informant statement said that Huskey was demoted within his gang but still a member of the gang. Another informant statement said that Huskey had been kicked out of the gang altogether. A third statement said that Huskey was cooperating with law enforcement while in jail in December 2012, despite there not being a record of any arrest of Huskey at that time. Finally, an informant stated that Huskey had moved out of the Shelby, North Carolina, area in 2012, despite other testimony that Huskey was selling drugs in Shelby in 2013. The trial court excluded the informant statements from evidence. Huskey was convicted, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Heytens, J.)
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