Henley
United States v. Henley
Opinion
Lead Opinion
MEMORANDUM
Rex Henley, Rafael Bustamante, Willie McGowan, and Garey West (“Appellants”) appeal their convictions for conspiracy to possess and distribute twelve kilograms of cocaine, in violation of 21 U.S.C. § 846 , and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1). In this memorandum disposition, we deny their appeals, except with respect to their new trial motions, which we address in a published opinion filed concurrently herewith.
A. Appellants contend that the district court committed reversible error by admitting the statements of deceased co-conspirator Eric Manning through the testimony of Denise Manning under the co-conspirator exception or, alternately, as declarations against penal interest. We conclude that the district court did not abuse its discretion in determining that both Denise and Eric Manning were co-conspirators and that the statements in question were made in furtherance of the conspiracy. Accordingly, we need not decide whether the statements were admissible under any other theory.
B. Appellants next contend that the district court erred in determining that the drug conspiracy continued until Sep *598 tember 8,…