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United States Tenth Circuit


US v. Cesareo-Ayala, 08-3201

Defendant's drug conviction is affirmed where: 1) the evidence was sufficient for a reasonable jury to conclude that defendant provided cocaine for drug transactions; and 2) certain challenged statements by a prosecution witness were not hearsay because they did not depend on the witness's truthfulness, memory, or perception.

Appellate Information

  • Decided 08/12/2009
  • Published 08/12/2009

Judges

  • HARTZ, Circuit Judge., Before KELLY, LUCERO, and HARTZ, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • Rick E. Bailey, Conlee, Schmidt & Emerson, L.L.P., Wichita, KS, for Defendant-Appellant., James A. Brown, Assistant United States Attorney, (Marietta Parker, Acting United States Attorney, with him on the brief), Topeka, KS, for Plaintiff-Appellee.
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