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

A car being driven by a Harris was stopped on the freeway for weaving. Harris consented to a search of the car and 19 kilograms of cocaine were found in two suitcases. Harris spoke to DEA agents and eventually told the truth about how the cocaine got into the car and the involvement of a Williamson (D) in the entire matter. Harris refused to testify at D's trial even after being given use immunity. He was eventually held in contempt. The District Court then allowed the use of Harris' statements made to the DEA and justified that ruling under Rule 804(b)(3). D was convicted and appealed.

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