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United States v. Rodriguez-Lopez

565 F.3d 312 (2009)

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United States v. Rodriguez-Lopez

United States Court of Appeals for the Sixth Circuit
565 F.3d 312 (2009)

SC

Facts

Special agent Thomas Perryman was undercover and bought heroin from Omar Robles-Manguia in a parking lot. Robles-Manguia told Perryman that the driver of a pickup truck in the parking lot was part of the drug transaction, having agreed to be a lookout. Perryman talked to the driver, Francisco Rodriguez-Lopez (defendant), and during the conversation, Rodriguez-Lopez’s cell phone rang 10 times. Each time, the person on the other end of the call was requesting heroin. Rodriguez-Lopez was charged for his role in the drug operation. The prosecution (plaintiff) sought to introduce the 10 calls made to Rodriguez-Lopez’s phone. The district court excluded the calls from evidence on the ground that they were inadmissible hearsay. The prosecution appealed.

Rule of Law

Issue

Holding and Reasoning (Batchelder, J.)

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