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U.S. v. SMITH

No. 86-1351.

833 F.2d 213 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. James Donald SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 9, 1987.

Attorney(s) appearing for the Case

Rufus O. Wilderson, Denver, Colo. (Thomas P. Johnson, Mayer, Brown & Platt, Denver, Colo., was also on the briefs), for defendant-appellant.

Catherine M. Goodwin, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., Denver, Colo., was also on the brief), for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, SEYMOUR, Circuit Judge, and SAFFELS, District Judge.

HOLLOWAY, Chief Judge.

Defendant, James Donald Smith ("Smith"), was convicted by a jury on two counts of possession of goods stolen from interstate commerce in violation of 18 U.S.C. §§ 659 and 2 (1982). On appeal, Smith argues that the trial court erred by admitting four tape recorded conversations, and transcripts of them, between his wife and a government informant in evidence under the coconspirator's statement exception of Fed.R.Evid. 801(d)(2)(E)....

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