MONTOYA

v.

UNITED STATES

Citator

Cited By (31 total)

• Swafford v. State, 533 So. 2d 270 (Fla. 1988)
  …Federal Rule of Evidence 801(d)(2), admissions are defined as not coming within the hearsay rule, rather than as exceptions to it. United States v. Clemons, 676 F. 2d 122 (5th Cir.1982); United States v. Roe, 670 F. 2d 956 (11th Cir.), cert, denied, 459 U.S. 856, 103 S.Ct. 126, 74 L.Ed.2d 109 (1982); United States v. Archbold-Newball, 554 F. 2d 665 (5th Cir.), cert, denied, 434 U.S. 1000, 98 S.Ct. 644, 54 L.Ed.2d 496 (1977). . In some cases this hearsay exception has been referred to, mistakenly, as being…
• United States v. Pepe, 747 F.2d 632 (11th Cir. 1984)
  …e the admissibility of testimony is, ultimately, a trial ruling. Moreover, a James hearing is optional; no substantive evidence is taken for trial, and guilt is irrelevant.27 In United States v. Roe, 670 F. 2d 956, 962-64 (11th Cir.), cert. denied, 459 U.S. 856, 103 S.Ct. 126, 74 L.Ed.2d 109 (1982), this circuit held that the trial court’s failure to hold a James hearing was not error and that the court was not required to find that a James hearing would be impractical before deciding to forego it. Id. at…
• United States v. Meester, 762 F.2d 867 (11th Cir. 1985)
  …51 (11th Cir.1983) (per curiam); United States v. Kopituk, 690 F. 2d 1289, 1319 (11th Cir.1982), cert. denied, 461 U.S. 928, 103 S.Ct. 2089, 2090, 3542, 77 L.Ed.2d 300, 1391 (1983); United States v. Roe, 670 F. 2d 956, 970 (11th Cir.), cert. denied, 459 U.S. 856, 103 S.Ct. 126, 74 L.Ed.2d 109 (1982). In this case, we cannot say that the district court abused its discretion in determining that evidence of Marrs’s homicide was relevant to show the existence of the drug conspiracies. Due to a cash flow shorta…