Evidence-Wellborn SU2006 Outline

Holding based on the statements and the events in the

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Unformatted text preview: arty opponent coconspirator statements FRE 801(d)(2)(E)] Facts: FBI agent Greathouse arranged to sell a kilogram of cocaine to Lonardo. Lonardo agreed that he would find an individual to distribute the drug. Lonardo agreed that the sale would take place in a designated hotel parking lot, and that Lonardo would transfer the drug from Greathouse's car to the "friend" who would be waiting in the parking lot in his own car. Greathouse proceeded with the transaction as planned, and FBI agents arrested Lonardo and petitioner immediately after the kilogram of cocaine was placed in petitioner's car. Procedural Posture: Petitioner charged with conspiring to distribute cocaine. Government introduced, over petitioner's objection, Lonardo's telephone statements regarding the participation of the "friend" in the transaction. District Court found that, considering the events in the parking lot and Londardo's statements over the phone, the Gov. had established by a preponderance of the evidence that a conspiracy had existed and that L...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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