United States v. Clyde Gene Goeke

15 F.3d 1091 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Clyde Gene GOEKE, Defendant-Appellant. No. 93-30043. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1993. Decided Feb. 3, 1994. 1 Before: GOODWIN, CANBY, and KOZINSKI Circuit Judges. 2 MEMORANDUM * 3 Clyde Goeke was convicted after a jury trial of conspiracy to violate a federal statute, 18 U.S.C. Sec. 371 ; theft of government funds, 18 U.S.C. Sec. 641 ; and food stamp fraud, 7 U.S.C. Sec. 2024 (b). Goeke appeals his conviction and sentence on five grounds: (1) statements made by Clyde's wife and codefendant Bonita Goeke were hearsay and inadmissible pursuant to Fed.R.Evid. 801(d)(2)(E); (2) codefendant Bonita Goeke's admission to her probation officer, nine days after Clyde's trial, that most of the fraudulently-obtained public assistance went to support her cocaine habit constitutes a ground for a new trial; (3) a statement made by…