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This section contains the nature of the case and procedural background.

Bailey (D) was charged with robbing a bank. The government (P) introduced his accomplice's (Stewart's) confession. Stewart had plea-bargained with FBI agents. The only fact that corroborated this statement was other evidence about the type of car that they allegedly used. D was convicted and appealed. D claimed that the statement should not have been admitted under the residual hearsay exception.

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