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U.S. v. SCHMIT

Nos. 88-1029, 88-1058.

881 F.2d 608 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Peter SCHMIT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Rex Lee SWINFORD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1989.

Attorney(s) appearing for the Case

Albert W. Brodie, Sacramento, Cal., and Richard W. Nichols, McDonough, Holland & Allen, Sacramento, Cal., for defendants-appellants.

Kristin Sudhoff Door and Nancy Simpson, Asst. U.S. Attys., Sacramento, Cal., for plaintiff-appellee.

Before BROWNING, BEEZER and KOZINSKI, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

Peter Matthew Schmit and Rex Lee Swinford appeal their convictions of conspiring in violation of 21 U.S.C. § 846 to possess, manufacture and distribute methamphetamine and other controlled substances in violation of 21 U.S.C. § 841(a)(1).

I. The Hearsay Claims

Appellants' principal contention is that the district court erred in admitting a tape recorded statement and handwritten notes on pages of...

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