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U.S. v. PAYNE

No. 05-1280.

437 F.3d 540 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard I. PAYNE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 13, 2006.

Attorney(s) appearing for the Case

ARGUED: Margaret Sind Raben, Gurewitz & Raben, Detroit, Michigan, for Appellant. Dawn N. Ison, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Margaret Sind Raben, Gurewitz & Raben, Detroit, Michigan, for Appellant. Dawn N. Ison, Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before: MOORE, ROGERS, and McKEAGUE, Circuit Judges.

OPINION

MOORE, Circuit Judge.

Defendant-Appellant Leonard I. Payne ("Payne") appeals his conviction for passing counterfeit obligations, in violation of 18 U.S.C. § 472. Payne argues that the district court erred in admitting out-of-court statements under the coconspirator-statement exclusion from the hearsay definition, because (1) Payne was not a member of the conspiracy and (2) certain statements were not made in furtherance of the conspiracy. Payne...

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