U.S. v. Cruz-Rea

In prosecution on drug conspiracy charge, Dist. Ct. did not err in admitting lay opinion evidence regarding identity of defendant's voice on 24 recorded conversations based upon 15-second voice exemplar taken during defendant's booking process. Witness testified that she became familiar with defendant's voice by listening to exemplar 50 to 60 times, and accuracy of opinion testimony was jury question. Moreover, Dist. Ct. could properly admit transcripts of said recorded conversations and could permit jurors to use them during deliberations where Dist. Ct. made sufficiently clear that actual recorded tapes, as opposed to transcripts, constituted relevant evidence in case. Also, Dist. Ct. did not err in admitting under co-conspirator exception set forth in Rule 801(d)(2)(E) conversation between defendant and third-party concerning recruitment of witness to sell drugs on behalf of conspiracy where said conversation could be viewed as statement in furtherance of said conspiracy.