United States v. Neadeau

639 F.3d 453 (8th Cir. 2011)

Facts

A jury convicted D of conspiring to distribute (and possess with the intent to distribute) at least 50 grams of crack cocaine and at least 500 grams of powder cocaine. Sagataw (D) testified for her husband at his detention hearing. She was later indicted and tried with him. Sagataw (D) testified that her husband was not a drug dealer, did not own a Chevrolet Blazer, and had not been to the Twin Cities since 2008. At trial, she took the Fifth Amendment. P offered her detention-hearing testimony as a prior inconsistent statement. The court admitted it on this basis. D was convicted and appealed.