United States v. Ruiz

249 F.3d 643 (2001)

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United States v. Ruiz

United States Court of Appeals for the Seventh Circuit
249 F.3d 643 (2001)

Facts

Officers Glen Lewellen and Noel Sanchez set up surveillance after getting a tip about ongoing drug activity at an apartment. The officers set up on opposite sides outside the apartment. Over the course of three hours, Lewellen saw Refugio Ruiz (defendant) walk out of the apartment three times, each time looking around and then going back inside. Eventually, a car pulled up. Ruiz motioned to the car, went back inside, and came out with a large bag that turned out to contain 10 kilograms of cocaine. Throughout the three hours, Lewellen was talking to Sanchez via radio and relayed to Sanchez Ruiz’s appearance, movements, and conduct. Ruiz was charged with possession with intent to distribute. At trial, Sanchez testified over Ruiz’s hearsay objection about the appearance, movement, and conduct that Lewellen had relayed to him on the stakeout. Ruiz was convicted, and he appealed, arguing that Lewellen’s statements to Sanchez were inadmissible hearsay.

Rule of Law

Issue

Holding and Reasoning (Rovner, J.)

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