Bourjaily v. United States

Bourjaily (defendant) was arrested after receiving cocaine in an FBI sting. The prosecution introduced a tape-recorded phone conversation in which the cocaine seller told an FBI informant he had a 'gentleman friend' interested in buying the cocaine. The question was whether that co-conspirator statement could be admitted, and whether the court needed independent evidence of the conspiracy.

Whether a co-conspirator's statement may be admitted under Federal Rule of Evidence 801(d)(2)(E) when the court, in finding a conspiracy existed and that the declarant and defendant were members, may consider the statement itself.