United States First Circuit

Where a preponderance of the evidence shows that the defendant was involved in a conspiracy, the district court may allow the jury to consider statements made by un-indicted co conspirators unavailable to testify at trial.

Appellate Information

• Decided 10/11/2001
• Published 10/11/2001

Judges

• STAHL, Senior Circuit Judge., Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul J. Haley, for appellant.


• For Appellees:
  
• John Wortmann, Assistant United States Attorney, with whom Jennifer Hay Zacks, Assistant United States Attorney, and Donald K. Stern, United States Attorney, were on brief, for appellee.