United States Eighth Circuit

Out-of-court statements by defendant's co-conspirators were properly admitted, as they were made in furtherance of the conspiracy and were sufficiently reliable; other testimony, while not properly admitted as a present sense impression, was admissible as a non-hearsay statement of a co-conspirator under Federal Rule of Evidence 801(d)(2)(E). Since U.S.S.G. section 3C1.1 punishes attempt as well as successful obstruction, the obstruction-of-justice enhancement must be applied.

Appellate Information

• Decided 05/11/2004
• Published 05/11/2004

Judges

Court

• United States Eighth Circuit

Counsel