United States v. Earl A. Garner, United States of America v. Everett C. McKethan

WIDENER, Circuit Judge,

concurring and dissenting:

While I concur in Parts III and IV of the opinion, I respectfully dissent to admitting the grand jury testimony for the reasons I have expressed in United States v. Payne, 492 F.2d 449 (4th Cir. 1974), and United States v. West et al., 574 F.2d 1131 (4th Cir. 1978).