United States Third Circuit

In a prosecution arising from an alleged scheme to defraud a community college out of rental payments to another school, a grant of defendant's in limine motion precluding the government from introducing a recorded telephone conversation between defendant and her sister in its case-in-chief is vacated and remanded as: 1) if the government can prove the sister's involvement in the conspiracy by a preponderance of the evidence, certain statements would be admissible under Fed. R. of Evid. 801(d)(2)(E); and 2) regardless of the sister's involvement in the conspiracy, other statements by defendant to her regarding a teacher and concealing the conspiracy are admissible under Rule 801(d)(2)(E).

Appellate Information

• Decided 11/07/2007
• Published 11/07/2007

Judges

• Before:  McKEE, AMBRO, and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Patrick L. Meehan, Anthony J. Wzorek, Argued, United States Attorney Office, Philadelphia, PA, Attorney for Appellant.


• For Appellees:
  
• Thomas A. Bergstrom, Argued, Malvern, PA, Attorney for Appellee.