United States v. Samuel Geren Jones

MEMORANDUM

Samuel G. Jones appeals his conviction for a violation of the Interstate Transportation in Aid of Racketeering Act, 18 U.S.C. § 1952 (a)(1), and 19 counts of wire fraud under 18 U.S.C. § 1343 . Jones argues that his conviction should be reversed because (1) the district court erred by allowing witnesses to testify as to statements by Travis Sneed without first finding that the statements were made in furtherance of a scheme to defraud; (2) the district court erred by refusing to admit Sneed’s plea agreement into evidence; and (3) the government adduced insufficient evidence that Jones knowingly participated in the second scheme to defraud. We affirm Jones’s conviction.

1. When a party disputes the preliminary facts relevant to a Rule 801(d)(2)(E) evidentiary offering, the offering party must prove them by a preponderance of the evidence. Bourjaily v. United States, 483 U.S. 171, 176 , 107 S.Ct. 2775 , 97 L.Ed.2d 144 (1987); see also United States v. Silverman, 861 F.2d 571, 576 (9th Cir.1988). The government must show by a preponderance of the evidence that (1) a conspiracy or scheme existed at the time the statement was made; (2) the defen dant had knowledge of and…