Fed. R. Evid. 801(d)(2)(e)

481 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Reynolds
  828 F.2d 46· 1st Cir.· 1987-09-02 ·cited 6×
  The court held that the admission of a co-conspirator's statement was proper and the evidence was sufficient to support the convictions.
• United States v. Ibern-Maldonado
  823 F.2d 698· 1st Cir.· 1987-07-22 ·cited 6×
  The court held that the co-conspirator statement was admissible and that there was sufficient evidence to support the conviction and sentence.
• United States v. Word
  806 F.2d 658· 6th Cir.· 1986-12-01 ·cited 6×
  The court held that the trial court did not err in denying the defendant's motions to suppress evidence, admitting testimony, or denying a new trial, and that expert testimony was not required to prove the defendant's conduct was outside the usual course of professional practice.
• United States v. Ward
  793 F.2d 551· 3d Cir.· 1986-06-20 ·cited 6×
  The court held that the government's conduct in orchestrating a drug smuggling operation did not rise to the level of outrageousness required to violate due process, and that the admission of evidence of prior drug activity was proper.
• United States v. Inadi
  790 F.2d 383· 3d Cir.· 1986-05-22 ·cited 6×
  The court affirmed the conviction, holding that no showing of coconspirator unavailability is required for admitting their out-of-court statements, and other raised issues were without merit.
• United States v. Laszlo Szabo
  789 F.2d 1484· 10th Cir.· 1986-05-12 ·cited 6×
  The court held that the trial judge did not err in admitting co-conspirator testimony, as direct testimony does not require a trustworthiness hearing, and the admitted co-conspirator statements were not crucial or devastating and had sufficient indicia of reliability.
• Hosp. Bldg. Co. v. Trs. OF The REX Hosp.
  791 F.2d 288· 4th Cir.· 1986-04-18 ·cited 6×
  The court held that the affirmative defense for good faith planning activities to avoid needless duplication of hospital facilities is compatible with subsequent antitrust law, and that the jury instructions regarding this defense and the Noerr-Pennington doctrine's sham exceptio
• United States v. Legato
  682 F.2d 180· 8th Cir.· 1982-07-01 ·cited 6×
  The court held that deviations from procedural guidelines for admitting co-conspirator statements were not prejudicial given the overwhelming evidence of conspiracy and the court's cautionary instructions.
• United States v. Gutierrez
  576 F.2d 269· 10th Cir.· 1978-05-04 ·cited 6×
  The court held that the evidence was sufficient to support the jury's verdicts against Gutierrez and Zamora for conspiracy to distribute heroin, and that the trial court did not err in admitting challenged evidence or denying severance.
• Ware v. United States
  971 F. Supp. 1442· M.D. Fla.· 1997-07-21 ·cited 5×
  The court found in favor of the Government, holding that the plaintiff failed to prove malicious continuation of prosecution.
• United States v. Arce
  997 F.2d 1123· 5th Cir.· 1993-08-03 ·cited 5×
  The court held that the district court did not err in its rulings on jury selection, evidentiary matters, or prosecutorial comments, and that the evidence was sufficient to support the convictions.
• United States v. DeVILLIO
  983 F.2d 1185· 2d Cir.· 1993-01-21 ·cited 5×
  The court affirmed the convictions, holding that the trial court did not err in admitting certain evidence or in denying the motion for severance, and that the admission of co-conspirator statements did not violate Bruton.
• United States v. Schleicher
  862 F.2d 1320· 8th Cir.· 1988-12-08 ·cited 5×
  The court held that the trial court did not err in admitting co-conspirator testimony and evidence of other crimes, and that sufficient evidence supported the conviction.
• United States v. Garcia
  994 F.2d 1499· 10th Cir.· 1993-05-20 ·cited 4×
  The court held that the evidence was sufficient to support the conspiracy conviction, but the drug quantity calculation for sentencing was clearly erroneous. The court also found no plain error regarding the admission of coconspirator statements, lay opinion testimony, or the cro
• United States v. Edwards
  994 F.2d 417· 8th Cir.· 1993-03-30 ·cited 4×
  The court affirmed the convictions and sentences, finding sufficient evidence for conspiracy and firearms charges, that coconspirator statements were admissible, and that sentencing determinations were not clearly erroneous.
• United States v. LIM
  984 F.2d 331· 9th Cir.· 1993-01-27 ·cited 4×
  The court held that while the admission of drug courier profile evidence was an error, it was harmless due to sufficient other evidence, and that the admission of co-conspirator statements, amendment of the indictment, denial of continuance, and finding of probable cause were all
• United States v. Fragoso
  978 F.2d 896· 5th Cir.· 1992-11-23 ·cited 4×
  The court affirmed the conviction and sentence, holding that the trial court did not err in its Jencks Act determinations, its admission of coconspirator statements, its jury instructions, or its sentencing procedures, and that any errors were harmless.
• United States v. Kelly
  973 F.2d 1145· 5th Cir.· 1992-10-15 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion for continuance, refusing to produce certain evidence, or admitting hearsay statements of a co-conspirator, and that the Bank Bribery Act was not unconstitutionally vague as applied.
• United States v. Gwain Collins
  966 F.2d 1214· 7th Cir.· 1992-07-16 ·cited 4×
  The court held that there was sufficient evidence to support the jury's verdict that Collins was a member of the charged conspiracy and that any variance between the indictment and the proof was not prejudicial.
• United States v. Hubert Payne (91-3417/3624)
  962 F.2d 1228· 6th Cir.· 1992-05-05 ·cited 4×
  The court affirmed the convictions and sentences, finding no merit in the defendants' arguments regarding outrageous government conduct, Batson violations, hearsay evidence, burden of proof for withdrawal, insufficient evidence, or sentencing enhancements.
• United States v. Lyon
  959 F.2d 701· 8th Cir.· 1992-03-18 ·cited 4×
  The court held that the district court did not err in admitting co-conspirator hearsay statements, finding the evidence sufficient for conviction, admitting prior bad acts evidence, providing jury instructions, and calculating the sentence.
• United States v. Montour
  944 F.2d 1019· 2d Cir.· 1991-09-18 ·cited 4×
  The court held that the evidence was sufficient to convict the defendant of conspiracy to impede search warrants and of forcibly impeding search warrants, and that the trial court did not err in refusing to strike overt acts from the indictment or in excluding certain testimony.
• United States v. Gessa
  944 F.2d 265· 6th Cir.· 1991-08-29 ·cited 4×
  The court held that the prior panel decision and judgment are vacated, and the case is restored to the docket for en banc rehearing.
• United States v. Brown
  940 F.2d 1090· 7th Cir.· 1991-08-21 ·cited 4×
  The court held that the district court did not err in admitting tape-recorded co-conspirator statements and that sufficient evidence supported the conviction.
• United States v. Felton
  908 F.2d 186· 7th Cir.· 1990-07-23 ·cited 4×
  The court held that the admission of hearsay testimony, even if erroneous, did not constitute plain error because it did not likely change the outcome of the trial.
• In re Coordinated Pretrial Proceedings IN Petroleum Prods. Antitrust Litig. State OF Ariz. v. Standard OIL Co. OF Cal.
  906 F.2d 432· 9th Cir.· 1990-06-22 ·cited 4×
  The court held that the district court erred in granting summary judgment because the plaintiffs presented sufficient evidence of a conspiracy to fix prices, and the defendants' alternative explanation of interdependent pricing was not sufficiently plausible to warrant summary ju
• United States v. Garcia
  893 F.2d 188· 8th Cir.· 1990-01-05 ·cited 4×
  The court held that statements made by a co-conspirator to a third party and to a security guard were admissible under Federal Rule of Evidence 801(d)(2)(E) as statements made in furtherance of the conspiracy.
• United States v. Hunt
  877 F.2d 833· 10th Cir.· 1989-06-12 ·cited 4×
  The court held that there was sufficient evidence to convict the defendant of conspiracy and that the search warrant affidavits were sufficient, affirming the convictions and sentences.
• United States v. Mason
  869 F.2d 414· 8th Cir.· 1989-03-08 ·cited 4×
  The court held that the admission of day-timers did not violate the Fifth Amendment privilege against self-incrimination and that an amendment to an indictment to correct a defendant's middle initial was permissible as a matter of form without prejudice.
• United States v. Valdez
  861 F.2d 427· 5th Cir.· 1988-11-22 ·cited 4×
  The court held that the loss of a portion of the trial transcript does not automatically require reversal; the defendant must demonstrate specific prejudice to their appeal.
• United States v. Wali
  860 F.2d 588· 3d Cir.· 1988-11-03 ·cited 4×
  The court held that the district court erred in denying the admission of exculpatory statements of a co-conspirator for impeachment purposes under Fed.R.Evid. 806.
• United States v. Sixto Mescaine-Perez
  849 F.2d 53· 2d Cir.· 1988-05-31 ·cited 4×
  The denial of a motion to reduce a sentence under Fed.R.Crim.P. 35 is affirmed because the sentencing court's view of the defendant's role as a leader or source was not based on misinformation and was supported by sufficient unchallenged evidence.
• United States v. Valverde
  846 F.2d 513· 8th Cir.· 1988-05-16 ·cited 4×
  The court held that the evidence was sufficient to support a conspiracy conviction, co-conspirator statements were admissible, and the district court did not err in denying the defendant's requests for expert services or in restricting expert testimony.
• United States v. Smith
  833 F.2d 213· 10th Cir.· 1987-11-09 ·cited 4×
  The court held that the trial court did not err in admitting tape-recorded conversations under the coconspirator exception to the hearsay rule, as sufficient evidence supported the existence and continuation of the conspiracy.
• United States v. Ortiz-Rengifo
  832 F.2d 722· 2d Cir.· 1987-10-29 ·cited 4×
  The court held that even if the government failed to lay a proper foundation for evidence concerning a coconspirator, the defendant's own testimony can supply the missing connection, making the evidence admissible when considering the record as a whole.
• United States v. Greer
  806 F.2d 556· 5th Cir.· 1986-12-09 ·cited 4×
  The court held that the trial court did not err in refusing to sequester the jury, excluding a prior recorded statement, or in its handling of a defense witness, and affirmed the conviction.
• United States v. Johnson
  801 F.2d 597· 2d Cir.· 1986-09-16 ·cited 4×
  The appeal from a civil contempt order is dismissed as moot because the contempt sentence expired before the appeal was heard, and the claim of absolute immunity is not capable of repetition yet evading review.
• United States v. Robinson
  783 F.2d 64· 7th Cir.· 1986-01-29 ·cited 4×
  The court held that a defendant's unsworn statement to the jury, made with counsel's consent, does not constitute a waiver of counsel, and that the trial court did not err in balancing the right to impeach co-conspirators against the risk of prejudice to defendants.
• United States v. Caldwell
  771 F.2d 1485· 11th Cir.· 1985-09-24 ·cited 4×
  The court held that the district court erred in excluding evidence of a conspiracy to commit extortion under the Hobbs Act regarding the refurbishing of a yacht, but correctly found insufficient evidence for a separate conspiracy charge related to campaign financing.
• United States v. Raeford Melano Caudle
  758 F.2d 994· 4th Cir.· 1985-04-03 ·cited 4×
  The court held that there was sufficient evidence to support the conspiracy convictions and that the trial court did not err in admitting coconspirator statements or wiretap evidence.
• United States v. August
  745 F.2d 400· 6th Cir.· 1984-10-09 ·cited 4×
  The court held that the trial judge's comment to the jury about a conspiracy existing, while error, constituted harmless error due to strong curative instructions, jury questioning, and substantial evidence of guilt.
• United States v. McMANAMAN
  653 F.2d 458· 10th Cir.· 1981-07-08 ·cited 4×
  The court reviewed the admissibility of an insanity expert's testimony and whether the prosecution waived its objection by failing to timely object to the testimony.
• United States v. Hemming
  592 F.2d 866· 5th Cir.· 1979-04-06 ·cited 4×
  The court held that the district court committed plain error by failing to provide a proper cautionary instruction regarding the limited use of hearsay evidence in a conspiracy case, as required by United States v. Apollo.
• United States v. Dynalectric Co.
  859 F.2d 1559· 11th Cir.· 1988-11-21 ·cited 3×
  The court held that the criminal antitrust conspiracy continued until the final payments were received under the illegal contract and the final distribution of illicit profits occurred, thus the indictment was timely filed within the five-year statute of limitations. The court al
• United States v. Attardi
  796 F.2d 257· 9th Cir.· 1986-07-31 ·cited 3×
  The court held that the airport detention and search were lawful under the Fourth Amendment, and the admission of evidence, including Attardi's notes, was proper or harmless error.
• Sec. & Exch. Comm'n v. Yun
  130 F. Supp. 2d 1348· M.D. Fla.· 2001-01-12 ·cited 2×
  The court denied defendants' motions for judgment as a matter of law and for a new trial, finding that the jury instructions and evidence were sufficient.
• United States v. Foster
  985 F.2d 466· 9th Cir.· 1993-02-03 ·cited 2×
  The court held that a prosecutor's questioning of a defendant about her post-arrest silence, despite a timely objection and the court's instruction to answer, violated the Fifth Amendment and was not harmless error, requiring reversal of her conviction.
• Wigod v. Chicago Mercantile Exch.
  981 F.2d 1510· 7th Cir.· 1992-12-14 ·cited 2×
  The court held that Wigod failed to present sufficient evidence to support his antitrust conspiracy claims, and that the Merc's actions were either justified by regulation or did not constitute illegal monopolization.
• United States v. Sollars
  979 F.2d 1294· 8th Cir.· 1992-11-09 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying a motion for a separate trial and that co-conspirator statements were admissible.
• United States v. Wilson
  973 F.2d 577· 7th Cir.· 1992-08-26 ·cited 2×
  The court held that the district judge did not err in denying Wilson's motion to suppress evidence from the search of the pet store, nor in admitting tape-recorded conversations, nor in excluding Adkins' post-arrest statements, and that the jury instructions were proper.