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U.S. v. FRANCO

No. 88-2006.

874 F.2d 1136 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio FRANCO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 21, 1989.

Attorney(s) appearing for the Case

Allan A. Ackerman, Chicago, Ill., for defendant-appellant.

Steven Shobat, Asst. U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Before WOOD, Jr., POSNER and COFFEY, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

The principal issue involves the business records exception to the hearsay rule, Rule 803(6) of the Federal Rules of Evidence. Is a drug enforcement agent qualified to authenticate business records under Rule 803(6) if he does not have an accounting background and bases his testimony primarily on statements made by witnesses unavailable at trial? The defendant Antonio Franco argues that under those circumstances an agent is not...

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