United States DC Circuit

Under Fed. R. Ev. 103(a)(2), defendant's failure to inform the court about the nature of the post-drug-transaction statements he sought to introduce, warranted exclusion of the hearsay statements, and the district court's exclusion of such testimony was not plain error when it did not "gravely hamper" defendant's ability to present his mens rea defense, evidence of his guilt was strong, and most facts supporting his conviction were undisputed.

Appellate Information

• Argued 10/18/2001
• Decided 02/15/2002
• Published 02/15/2002

Judges

• Before:  GINSBURG, Chief Judge, HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Adam H. Kurland, appointed by the court, argued the cause for the appellant.


• For Appellees:
  
• John K. Han, Assistant United States Attorney, argued the cause for the appellee.  Kenneth L. Wainstein, Acting United States Attorney at the time the brief was filed, and John R. Fisher and Roy W. McLeese, III, Assistant United States Attorneys, were on brief for the appellee.