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United States v. Tenerelli

614 F.3d 764 (2010)

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United States v. Tenerelli

United States Court of Appeals for the Eighth Circuit

614 F.3d 764 (2010)

Facts

Deputy Doug Wood instructed a confidential informant to try to buy methamphetamines from Anthony Tenerelli (defendant). Wood watched the informant dial Tenerelli’s number on a phone. Although Wood could not hear the other side of the phone conversation, Wood did hear the informant order methamphetamines from the person on the other end. Wood then dropped the informant at the meeting spot that was agreed to during the phone call. The informant returned to Wood with some methamphetamines. Tenerelli was then arrested and charged with multiple charges relating to drug and weapon possession and drug distribution. At trial, Wood testified about what he saw the informant do, including dialing Tenerelli’s number and ordering the methamphetamines. Tenerelli was convicted on multiple counts and appealed. On appeal, Tenerelli argued that Wood’s testimony impliedly presented inadmissible hearsay statements by the informant about events that had occurred outside Wood’s presence.

Rule of Law

Issue

Holding and Reasoning (Clevenger, J.)

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