Wilson

United States v. Wilson

Good Law
148 F. App'x 602
United States Court of Appeals for the Ninth CircuitAugust 26, 2005No. 04-30246California1,536 words

Opinion

Lead Opinion

MEMORANDUM **

Mary Wilson (“Wilson”) was convicted of one count of conspiracy to distribute pseudoephedrine and two counts of distribution of pseudoephedrine. She was sentenced to 63 months imprisonment and two years of supervised release. Wilson appeals the district court’s admission of alleged hearsay testimony on the grounds that it did not meet the requirements of the co-conspirator exception and that it violated her rights under the Confrontation Clause. Wilson also challenges the district court’s refusal to admit hearsay evidence under the doctrine of “curative admissibility,” and to offer a proposed jury instruction. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I.

Wilson challenges the district court’s decision to admit testimony given by Brent La Mott regarding statements made by Donald Ware to Shane Meier as a nonhearsay coconspirator statement. We review the district court’s decision to admit coconspirator statements for abuse of discretion and the underlying factual determination that a conspiracy existed and the statements were made in furtherance thereof for clear error. United States v. Shryock, 342 F.3d 948, 981 (9th Cir.2003), cert.…

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