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UNITED STATES v. MILLER

Nos. 80-2014, 80-2019.

644 F.2d 1241 (1981)

UNITED STATES of America, Appellee, v. Prentice C. MILLER, Appellant. UNITED STATES of America, Appellee, v. Carl DIXON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 27, 1981.

Attorney(s) appearing for the Case

Anthony S. Troia and James E. Riha, Omaha, Neb., for appellant.

Thomas D. Thalken, Asst. U. S. Atty., Omaha, Neb., for appellee.

Before LAY, Chief Judge, STEPHENSON and ARNOLD, Circuit Judges.

STEPHENSON, Circuit Judge.

Defendants Prentice C. Miller and Carl Dixon appeal their convictions1 for aiding and abetting Robert Collier in the business of dealing in firearms without a license under 18 U.S.C. §§ 2, 922(a)(1), 924(a). On appeal their principal claim is that certain out-of-court statements made by Collier were improperly admitted under Rule 801(d)(2)(E), Fed.R.Evid. The rule exempts statements by a co-conspirator...

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