U.S. v. Villasenor

In prosecution on drug conspiracy charge, Dist. Ct. did not err in admitting incriminating statements made by third-party under co-conspirator exception to hearsay rule, even though third-party at one time was DEA informant with respect to other investigations into other unrelated drug activity. While, as general rule, govt. informant's hearsay statements are not admissible under co-conspirator's exception to hearsay rule because informant cannot be acting in furtherance of conspiracy while serving as informant, record showed that instant third-party's statements were admissible because they were made at time when he was not serving as informant in any DEA investigation. Ct. rejected defendant's argument that third-party's prior status as informant precluded him from acting in furtherance of defendant's or any other unrelated conspiracy.