US v. Famania-Roche, No. 07-1499. This is yet another Puerto Rican drug conspiracy appeal. The evidentiary issues involve Federal Rule of Evidence 801(d)(2)(E) (co-conspirator statements) that were unpreserved. And since she the defendant doesn’t even proffer any theory that the testimony was by someone that wasn’t part of the conspiracy the First doesn’t take it too seriously.
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August 11, 2008
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