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UNITED STATES v. HOWARD

Nos. 83-5434, 83-5533.

770 F.2d 57 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford HOWARD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 12, 1985.

Attorney(s) appearing for the Case

C. David Hagerman (argued), Robert F. Houlihan, Jr., Ashland, Ky., for defendant-appellant.

Louis DeFalaise, U.S. Atty., Fred A. Stine, V (argued), Lexington, Ky., for plaintiff-appellee.

Before LIVELY, Chief Judge, and ENGEL, KEITH, MERRITT, KENNEDY, MARTIN, JONES, CONTIE, KRUPANSKY, WELLFORD and MILBURN, Circuit Judges.

CORNELIA G. KENNEDY, Circuit Judge.

The principal question before this Court is whether statements of a coconspirator in an arson-insurance mail fraud conspiracy, which were uttered before the conspirators had collected the insurance proceeds and which were aimed at avoiding detection of the conspiracy, were in furtherance of the conspiracy and therefore admissible as evidence against another coconspirator. We hold that such statements fall within Fed.R.Evid. 801...

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