United States v. Goldberg

Court of Appeals for the First Circuit

105 F.3d 770 (1st Cir. 1997)

February 3, 1997

Co-conspirators take the conspiracy as they find it and are responsible for all aspects of the conspiracy. Any statements made by a co-conspirator in furtherance of the conspiracy, regardless of when it was said, is admissible as a hearsay exception under FRE 801(d)(2)(E).

Relevant Facts

Goldberg (the defendant) was charged with federal fraud and tax offenses. At trial, the prosecution entered statements made by the defendant’s co-conspirators in furtherance of the conspiracy. The lower court admitted the statements as admissions by a party opponent and convicted the defendant. The defendant appealed on the basis that such statements were made before he joined the conspiracy and thus could not be admitted against him.

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

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Procedural History

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Citations

105 F.3d 770 (1st Cir. 1997)