United States Court of Appeals for the Sixth Circuit
258 F.3d 525 (6th Cir. 2001), cert. denied, 534 U.S. 1151 (2002)
In 1993, the Universal Testing Corporation notified James Aquisto, a detective for the drug task force, that one of its employees, James Laster (defendant), had ordered a chemical used to make methamphetamine from the Wilson Oil Company in UTI’s name without its permission. In August 1994, a car carrying Jerry Lear (defendant) and Laster was stopped for reckless driving. Methamphetamine was found in the car. Lear and Laster were charged with numerous narcotics crimes. At trial, the prosecution sought to introduce certain records from the Wilson Oil Company, including invoices showing the orders Laster placed. Wilson, the sole owner and operator of the Wilson Oil Company, died before the trial. The prosecution called Aquisto to lay the foundation for their admission as business records under Federal Rule of Evidence 803(6). The district court held the records admissible either under the business records exception of Rule 803(6) or the residual exception of Rule 807. Lear and Laster were convicted and appealed.
Rule of Law
Holding and Reasoning (Siler, J.)
Dissent (Nelson Moore, J.)
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