United States v. John Gouveia, Jr.

MEMORANDUM

Defendant-Appellant John Gouveia, Jr., appeals the district court’s denial of his Confrontation Clause objections in connection with his conviction for: (Count One) conspiring to possess with intent to distribute 500 grams or more of methamphetamine from sometime in February 2006 up through and including July 27, 2006, in violation of 21 U.S.C. § 846 ; (Count Two) possessing with intent to distribute 500 grams or more of methamphetamine on or about March 15, 2006, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A) as well as 18 U.S.C. § 2 ; and (Count Three) attempting to possess with’ intent to distribute 500 grams or more of methamphetamine on or about July 27, 2006, in violation of 21 U.S.C. §§ 846 , 841(a)(1), and 841(b)(1)(A) as well as 18 U.S.C. § 2 . Gouveia also challenges the district court’s denial of his motion for judgment of acquittal as to Count Two. The facts are known to the parties, and we state them here only as necessary to explain our disposition.

I. Confrontation Clause Claims

The Confrontation Clause bars the admission of out-of-court statements by witnesses that are testimonial, unless the witness is unavailable and the defendant had a…