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.