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United States of America v. Garcia

893 F.2d 188 (1990)

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United States of America v. Garcia

United States Court of Appeals for the Eighth Circuit

893 F.2d 188 (1990)

Facts

Alexander Garcia (Alexander) (defendant) was charged with conspiracy to import counterfeit money into the United States. At trial, the prosecution (plaintiff) offered two statements made by Alexander’s son and coconspirator, Dante Garcia (Dante). The first statement was made by Dante to his son, Rolito Garcia (Rolito). Rolito testified that after Dante and Rolito had attempted to pay two prostitutes with counterfeit money, Dante told Rolito that “the money was not real,” and that only Alexander, Dante, and Rolito knew about the money. The second statement was made by Dante to a mall security guard after Dante attempted to use a counterfeit bill in a store and was refused. To avoid being held by the guard, Dante stated that he gave the refused bill to Alexander. The trial court allowed the statements to be admitted as nonhearsay statements made by a criminal coconspirator under Federal Rule of Evidence 801(d)(2)(E). Alexander was convicted. On appeal, Alexander argued that the statements were erroneously admitted because they were not made in furtherance of the conspiracy.

Rule of Law

Issue

Holding and Reasoning (Beam, J.)

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