United States Eighth Circuit

Conviction for conspiracy to distribute and to possess with intent to distribute methamphetamine is affirmed over claims that: 1) the district court erred by admitting certain testimony as an out-of-court declaration that met the requirements of Fed. Rule of Evid. 801(d)(2)(E) when, in actuality, the testimony was not an out-of-court declaration but the witness's own conclusion based upon the out-of-court declaration; 2) the government failed to show that the out-of-court statements at issue were in furtherance of a conspiracy; and 3) the district court erroneously admitted two out-of-court statements.

Appellate Information

• Decided 04/10/2008
• Published 04/10/2008

Judges

• SHEPHERD, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James J. Regan, argued, Omaha, NE, for appellant.


• For Appellees:
  
• John Hoggins, AUSA, argued, Omaha, NE, for appellee.