Cardiel

MEMORANDUM **

Francisco Cardiel appeals his conviction following a jury trial. Cardiel was convicted of one count of conspiracy to possess with intent to distribute and to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), 846. We affirm.

The facts of this case are known to the parties. Cardiel contends the district court erred in admitting tapes of the government informant’s statements under Fed.R.Evid. 801(d)(2)(E) (which states that co-conspirator statements made during the course of the conspiracy are not hearsay).

Cardiel first argues that the government informant cannot be a member of the conspiracy. While this proposition is true, “[i]t is well-established that statements made by a co-conspirator need not be made to a member of the conspiracy to be admissible under rule 801(d)(2)(E).” United States v. Zavala-Serra, 853 F.2d 1512, 1516 (9th Cir.1988). The tapes contained numerous conversations between several different co-conspirators and the government informant pertaining to the consummation of a large cocaine transaction. The taped statements are admissible to show the existence of the conspiracy. United States v. Segura-Gallegos, 41 F.3d 1266, 1271-72 (9th…