# United States v. William Curro

> Court of Appeals for the Sixth Circuit · May 26, 1988 · 847 F.2d 325

URL: https://www.frixlaw.com/law-library/cases/9477673

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. William CURRO, Defendant-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** May 26, 1988
- **Citations:** 847 F.2d 325; 1988 U.S. App. LEXIS 7140; 1988 WL 52058
- **Precedential status:** Published
- **Opinion:** Concurrence by Johnstone
- **Judges:** Martin, Guy, Johnstone
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by United States v. Nelson Bernardo Gomez-Lemos, 939 F.2d 326 (1991).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9477673

## Opinion text

JOHNSTONE, Chief District Judge,
concurring.
While concurring with the conclusion reached by the majority, I write separately because the transcript of Louzon’s Grand Jury testimony included extensive statements not related to or in the furtherance of the conspiracy, which statements were hearsay to the second and third power. A large portion of the transcript was admissible under the reasons stated by the majority; other portions were not. These inadmissible, non-conspiratorial statements could have been excised from the transcript before permitting it to be read to the jury. To bootstrap the inadmissible evidence through Fed.R.Ev. 804(b)(5) constitutes error. However, the error was harmless in view of the overwhelming evidence against the defendant.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9477673. Public record. Not legal advice.