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U.S. v. CAROLIN

Case No. 1:10-cr-105.

903 F.Supp.2d 831 (2012)

UNITED STATES of America, Plaintiff, v. Levi Michael CAROLIN, David Harold Harter, and Robert Joseph Jangula, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

November 7, 2012.

Attorney(s) appearing for the Case

Julie Lawyer , Spec. Asst. U.S. Atty., David D. Hagler , Asst. U.S. Atty., Bismarck, ND, for Plaintiff.

Kent M. Morrow , Severin, Ringsak & Morrow, Bismarck, ND, for Defendants.

ORDER RE: ADMISSIBILITY OF CO-CONSPIRATOR STATEMENTS

DANIEL L. HOVLAND, District Judge.

Under Rule 801(d)(2)(E) of the Federal Rules of Evidence, a statement is not hearsay if made by "a coconspirator of a party during the course and in furtherance of the conspiracy." United States v. Beckman, 222 F.3d 512, 522 (8th Cir.2000). It is well-established that to admit such a statement, the Government must demonstrate,...

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