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We hold that the testimony of Hodges and Hogue is not
admissible under rule 803(24) of the Federal Rules of Evidence.
4. Whether Statements Made by Witnesses to FBI Agents
Are Admissible
a. FD-302 Reports
Hodges and Hogue testified that the FBI agents assigned to
the task force prepared memoranda of interviews with 300 to 400
people during their investigation of Vernon. These documents are
FD-302 reports (302 reports).
Respondent offered into evidence 302 reports for 25
witnesses, covering 264 pages. Respondent first gave the 302
reports to petitioner at 2 p.m. on the second (and last) day of
trial. Respondent also asked that the 302 reports be sealed.
Respondent asked that the 302 reports be used only for the
instant case and that the copy petitioner was to receive be
returned by petitioners' counsel with a statement, under penalty
of perjury, that it had not been copied or released and that no
additional copies of which he was aware were made.
Petitioner objected to admitting the 302 reports on the
grounds that they were not exchanged before trial as required by
the standing pretrial order and that they are hearsay.
b. Standing Pretrial Order
About 5 months before this case was calendared for trial,
we sent a copy of the Court's standing pretrial order to the
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