United States Sixth Circuit

A conviction for conspiracy to possess and possession with intent to distribute methamphetamine is remanded for further proceedings where the district court committed reversible error when it admitted an individual's out-of-court statement under the co-conspirator's exception to the hearsay rule using the wrong legal standard and without finding that the elements of that exception had been proven by a preponderance of the evidence.

Appellate Information

• Decided 11/09/2007
• Published 11/09/2007

Judges

• Before:  MARTIN and ROGERS, Circuit Judges;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David W. Camp, Law Office of David Camp, Jackson, Tennessee, for Appellant.  Richard Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellee.   ON BRIEF:  David W. Camp, Law Office of David Camp, Jackson, Tennessee, for Appellant.  Richard Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellee.