United States v. Doerr

Court of Appeals for the Seventh Circuit

886 F.2d 944 (7th Cir. 1989)

October 3, 1989

Statements must be made “in furtherance” of the conspiracy at issue in order to be admissible as an exception to the hearsay rule under FRE 801(d)(2)(E).

Relevant Facts

Doerr (the defendant) managed two businesses that engaged in activities relating to prostitution. Additionally, the defendant created multiple shell companies in order to shield income from such activities from taxation. Subsequently, the defendant was convicted for conspiracy to use interstate commerce to engage in the business of prostitution and conspiracy to defraud the Internal Revenue Service (IRS). The prosecution sought to introduce into evidence two statements against the defendants as admissions by party opponents under the co-conspirator exception to hearsay under Federal Rules of Evidence 801(d)(2)(E). The first statement was made by a club regular to the club owner, who commented that putting up curtains “was asking for problems with the police.” The second statement was made by the defendant, who said “I can’t believe you don’t know what’s actually going on.” The defendant appealed the admissibility of both statements.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

November 19, 2020

Judicial Opinion

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Procedural History

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Citations

886 F.2d 944 (7th Cir. 1989)