Co-Defendant's Statements Admissible in Conspiracy Case

US v. Merrick, No. 0805007, 11/13/08 - Admission of codefendant’s statements made in course and in furtherance of the conspiracy upheld in this PWID/conspiracy case. The district court impliedly found that sufficient evidence of the conspiracy, and defendant’s participation in it, had been presented by overruling defendant’s objection to the admission of the statements, and then explicitly put those findings on the record the next day. This easily satisfied FRE 801(d)(2)(E). Also, sufficient evidence supported the guilty verdicts.