Young

United States v. Young

Good Law
13 F. App'x 713
United States Court of Appeals for the Ninth CircuitJuly 17, 2001No. 00-10484; D.C. No. CV-99-00089-DFLCalifornia332 words

Opinion

Lead Opinion

MEMORANDUM *

Daron Young appeals his convictions and sentence for one count of conspiracy to distribute cocaine base, and three counts of distribution of cocaine base. We reverse the convictions and remand for new trial. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

Government’s Exhibit 10, the recording of the July 14, 1998, conversation between Otis Davis and Barbara Boyce at Davis’ home, was improperly admitted against Young. For a statement by a *714 coconspirator to be admissible against a defendant under Fed.R.Evid. 801(d)(2)(e), the government must show by a preponderance of the evidence that “a conspiracy existed at the time the statement was made.” United States v. Bowman, 215 F.3d 951, 960 (9th Cir.2000) (emphasis added). The government submitted no evidence suggesting that Davis had discussed selling cocaine with any person other than Boyce before this communication took place. Moreover, the communication itself was apparently — as the district court observed about an earlier discussion that same day — “just a conversation between Boyce and Mr. Davis, and it precedes the time at which Davis is starting to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.