U.S. v. Elder

In prosecution on charge of conspiracy to traffic in large quantities of methamphetamine, Dist. Ct. did not err in admitting testimony from witness regarding conversation she overheard between father of defendant and third-party about complications they endured during drug transaction with defendant, where, according to said individuals, defendant failed to give them agreed-upon amount of drugs. Said testimony qualified as co-conspirator exception to hearsay rule under section 801(d)(2)(E), where instant statements in conversation were made by co-conspirators in instant conspiracy and were made in furtherance of charged conspiracy, since they: (1) related to conspiracy’s progress; and (2) served to undermine confidence in defendant as reliable drug source for conspiracy. Also, record contained sufficient evidence to support defendant’s drug conspiracy conviction, where record showed that defendant knowingly agreed with others to unlawfully distribute methamphetamine. Fact that bulk of govt. evidence against defendant came from co-conspirators did not require different result. Dist. Ct. erred, though, in sentencing defendant to life imprisonment, where one of defendant’s two prior convictions used to support said sentence did not qualify as felony drug offense, because it was not punishable by more than one year imprisonment.