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United States v. Richards

Conviction of robbing a Brink's armored van affirmed because, while the admission of co-defendant's statement violated defendant's 6th Amendment right to confront witnesses and the FBI's failure to produce a report of the co-defendant's oral statement violated the Jencks Act, defendant failed to make objections during trial and neither violation seriously affected the fairness of the trial.

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Argued December 5, 2000

OPINION OF THE COURT

Don Richards appeals his conviction for crimes involving the robbery*fn2 of a Brink’s armored van in St. Thomas, the Virgin Islands. He contends that he is entitled to a new trial for three separate reasons: (1) violation of his Sixth Amendment right arising from the admission of an out-of- court statement given by a non-testifying co-defendant; (2) violation of the Jencks Act based on the government’s failure to produce an FBI agent’s written report concerning the co-defendant’s oral statements; and, (3) juror misconduct.

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