United States v. Virgil R. Fuller, AKA "Rennie" Fuller, and Calvin H. Canon, AKA "Cal" Canon

951 F.2d 363 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Virgil R. FULLER, aka "Rennie" Fuller, and Calvin H. Canon, aka "Cal" Canon, Defendants-Appellants. Nos. 91-30061, 91-30092. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1991. * Decided Dec. 24, 1991. Before EUGENE A. WRIGHT, DAVID R. THOMPSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 The recorded conversations between Thompson, the confidential informant, and Canon on May 6, 1989, and among Canon, Fuller and Thompson on July 15, 1989, were not in furtherance of the conspiracy. See United States v. Nazemian, No. 87-5298, slip op. at 14489-90 (9th Cir. October 21, 1991); United States v. Layton, 720 F.2d 548, 556 (9th Cir.1983), cert. denied, 465 U.S. 1069 (1984); see also United States v. Vowiell, 869 F.2d 1264, 1267 (9th Cir.1989). Therefore, they were not admissible under Rule 801(d)(2)(e), FED.R.EVID. 3 With or without the taped…