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U.S. v. VAN DAAL WYK

No. 86-1951.

840 F.2d 494 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. William P. VAN DAAL WYK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 19, 1988.

Attorney(s) appearing for the Case

Thomas A. Else, Jr., Hieber Else & Assoc., Chicago, Ill., for defendant-appellant.

Eric J. Klumb, Asst. U.S. Atty., Joseph P. Stadtmueller, U.S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before WOOD and CUDAHY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

Out-of-court statements made by fellow conspirators of a criminal defendant are, under Federal Rule of Evidence 801(d)(2)(E), deemed not to be hearsay if made during the course and in furtherance of the conspiracy. William P. Van Daal Wyk was convicted of possession of cocaine with intent to distribute and conspiracy to possess cocaine with intent to distribute. 21 U.S.C. §§ 841(a)(1), 846. He contends that the court below...

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