Schaefer

United States v. Schaefer

Good Law
244 F. App'x 820
United States Court of Appeals for the Ninth CircuitAugust 6, 2007No. 06-30457California1,135 words

Opinion

Lead Opinion

MEMORANDUM *

Following a jury trial, Linda Schaefer was convicted for conspiracy to possess methamphetamine with intent to distribute, substantive counts of possessing methamphetamine with intent to distribute, and using a communications facility in furtherance of a drug-trafficking crime. Schaefer appeals her conviction on the grounds that the district court erred in admitting certain evidence and testimony at trial, and in denying her motions for acquittal or new trial. We affirm.

A. Evidence of Drugs from Coconspirators

Schaefer argues that the district court erred in admitting drugs seized from three individuals: Robert Larson, Jeramy Ohmstede and David Maxwell. In particular, Schaefer contends that, under United States v. Lai, 944 F.2d 1434 (9th Cir.1991), the government did not establish an adequate foundation to admit this evidence under Federal Rule of Evidence 901.

Schaefer misreads Lai By its terms, Lai does not purport to apply to physical evidence. See Lai, 944 F.2d at 1444 (determining that the drugs records sought to be admitted were hearsay). A general challenge under Rule 901 also fails. Rule 901 provides that “[t]he requirement of authentication or…

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