United States v. Muscato

John Muscato and codefendants (including Walter Gollender and Charles McDonald) were prosecuted for illegal gun manufacturing, with the government alleging Muscato loaned Gollender a distinctively marked pistol in furtherance of the conspiracy; after his own arrest, Gollender described that pistol to a federal agent, and the agent later arrested McDonald and found a matching pistol in his possession. At trial, Gollender both testified to borrowing the gun from Muscato under incriminating circumstances and accurately described the pistol before examining it closely on the stand, and when Muscato challenged Gollender's credibility, the government introduced Gollender's earlier post-arrest description along with the agent's testimony that a matching gun was later found on McDonald.