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U.S. v. GUERRA

No. 96-2235EM.

113 F.3d 809 (1997)

UNITED STATES of America, Plaintiff/Appellee, v. Jose Erik GUERRA, Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 9, 1997.

Attorney(s) appearing for the Case

Rodolfo Rivera, argued, St. Louis, MO, for defendant/appellant.

Michael A. Price, argued, Cape Girardeau, MO, for plaintiff/appellee.

Before RICHARD S. ARNOLD, Chief Judge, HANSEN, Circuit Judge, and BATTEY, Chief District Judge.

BATTEY, Chief District Judge.

Following a jury trial, Jose Erik Guerra ("appellant" or "Guerra") was convicted of conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. Guerra appeals his conviction from the district court1 on the following issues: (1) the district court erred in admitting a coconspirator's out-of-court statements pursuant to Fed.R.Evid. 801(d)(2)(E); (2) the prosecutor...

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