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Evidence Keyed to Park
United States v. Goldberg
Citation:105 F.3d 770 (1997)
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Goldberg, who was convicted of federal fraud and tax offenses, challenged the admission against him out-of-court statements by co-conspirators Lango and Clark. Goldberg does not dispute that Lango and Clark made the challenged statements during and in furtherance of the conspiracy, but he argues that the statements were not admissible against him because they were made before he joined. He relies heavily on the court’s opinion in United States v. Petrozziello where the court said that if it is more likely than not that the declarant and the defendant were members of a conspiracy when the hearsay statement was made, and that the statement was in furtherance of the conspiracy, the hearsay is admissible.
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