Taylor

United States v. Taylor

Good Law
59 F. App'x 960
United States Court of Appeals for the Ninth CircuitMarch 20, 2003No. 01-10104; D.C. No. CR-99-00315-JMRCalifornia4,871 words

Opinion

Lead Opinion

MEMORANDUM *

In a published opinion we vacated Taylor’s accessory after the fact judgment. We now resolve the remaining issues in Taylor’s appeal. 1 We affirm the district court’s judgment and conviction against Taylor for conspiracy to murder a federal informant, aiding and abetting murder of a federal informant and witness tampering.

I

Taylor challenges the district court’s decision to admit Alzinnia Keyes’s statements to a fire department paramedic, Diane Benson, as a dying declaration. On the way to the hospital, Keyes grabbed Benson’s arm and said “you need to get a hold of a DEA agent” and “tell him that Terile’s people did this.” Taylor challenges the admission of Keyes’s statements to Benson as inadmissible hearsay. We affirm the district court’s decision to admit Keyes’s statements to Benson.

*963 The district court’s decision to admit evidence under exceptions to the hearsay rule is reviewed for an abuse of discretion. United States v. Pena-Gutierrez, 222 F.3d 1080 ,1086 n. 3 (9th Cir.2000).

The dying declaration exception to the hearsay rule allows for the admission of a decedent’s out of court statements. See Fed.R.Evid. 804(B)(2) (“In a prosecution for homicide…

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