Franco-Beltran

MEMORANDUM **

Appellant Juletta Franco-Beltran (“Franco-Beltran” or “appellant”) seeks to overturn her conviction under 8 U.S.C. §§ 1324 (a)(l)(A)(iii) and (a)(l)(A)(v)(I) for conspiring to harbor undocumented aliens. We reject appellant’s arguments (1) that the out-of-court statements of her co-defendant Norma Gomez-Cantu (“Gomez”) were improperly admitted under Federal Rule of Evidence 801(d)(2)(E); (2) that admission of the statements violated her rights under the Confrontation Clause of the sixth amendment; and (3) that the district court erroneously admitted a witness’s testimony as to what she believed Gomez meant by the phrase “bringing people.” Therefore, we affirm the conviction.

I.

To establish the admissibility of out-of-court statements under Rule 801(d)(2)(E), an offering party is required to prove that (1) there was a conspiracy involving the declarant and the non-offering party; (2) the statements were made during the pendency of the conspiracy; and (3) the statements were made in furtherance of the conspiracy. Bourjaily v. United States, 483 U.S. 171, 175 , 107 S.Ct. 2775 , 97 L.Ed.2d 144 (1987). Proof beyond a reasonable doubt is not required. Rather, the…