Stalcup

MEMORANDUM **

Ray Allen Stalcup appeals his conviction for conspiracy to possess with intent to distribute 100 kilograms or more of marijuana. His appeal largely focuses on the admission of hearsay statements made by an unindicted co-conspirator. He claims these statements violated his Confrontation Clause rights under Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004). Stalcup also alleges that a number of other evidentiary errors were made that collectively give rise to grounds for a mistrial.

Stalcup was convicted by a jury on August 23, 2005. The district court entered final judgment against him on February 27, 2006. Stalcup appealed. Because we write primarily for the parties, we briefly revisit the facts here.

This case revolves around a conspiracy to distribute approximately 1,500 pounds of marijuana. Ed Hess was driving an 18-wheel truck, containing the marijuana, when he was arrested. Prior to the arrest, Hess had spent extended time in Stalcup’s presence. The transfer of the marijuana from a U-Haul driven by Angel Montijo, another member of the conspiracy, to Hess’s truck took place on Stalcup’s property. Stalcup claimed that he was unaware…