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UNITED STATES v. KELLY

Nos. 82-5167(L), 82-5168.

718 F.2d 661 (1983)

UNITED STATES of America, Appellee, v. Jonathan Paul KELLY, Appellant. UNITED STATES of America, Appellee, v. John Mansfield HARRIS, Sr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1983.

Attorney(s) appearing for the Case

Stanley E. Speckhard, Greensboro, N.C. (Elreta M. Alexander Ralston, Donald K. Speckhard, Greensboro, N.C., on brief), for appellant John Mansfield Harris, Sr.

Robert S. Cahoon, Greensboro, N.C., for appellant Jonathan Paul Kelly.

David B. Smith, Asst. U.S. Atty., Greensboro, N.C. (Kenneth W. McAllister, U.S. Atty., Greensboro, N.C., Becky M. Strickland, Paralegal Specialist on brief), for appellee.

Before MURNAGHAN and SPROUSE, Circuit Judges, and BUTZNER, Senior Circuit Judge.

SPROUSE, Circuit Judge:

Jonathan Paul Kelly and John Mansfield Harris, Sr. appeal from their convictions for conspiring to distribute dilaudid, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 846. They contend that there was insufficient evidence, independent of the hearsay statements of coconspirator Kelly, to establish the existence of the conspiracy. Kelly also contends that the trial court erred in excluding as hearsay...

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