U.S. v. RASCON

No. 92-2223.

8 F.3d 1537 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Hector RASCON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 9, 1993.


Attorney(s) appearing for the Case

Adam G. Kurtz, Albuquerque, NM, for defendant-appellant.

Louis E. Valencia, Asst. U.S. Atty. (Larry Gomez, U.S. Atty., D. N.M.), Albuquerque, NM, for plaintiff-appellee.

Before McKAY, Chief Judge, GOODWIN, and SEYMOUR, Circuit Judges.


McKAY, Chief Judge.

Mr. Rascon appeals his conviction for two counts of conspiracy to possess with intent to distribute less than fifty kilograms of marijuana. He alleges that the district court abused its discretion by failing to make certain coconspirator hearsay findings on the record pursuant to Federal Rule of Evidence 801(d)(2)(E) and the Confrontation Clause of the Sixth Amendment. The defendant further contends that there was insufficient evidence in the record...

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