CORDEIRO

v.

CONNER ET AL.

Citator

Cited By

• United States v. Jenkins, 904 F.2d 549 (10th Cir. 1990)
  …sed on abuse of discretion resulting in actual prejudice); see also United States v. Hernandez, 829 F. 2d 988, 990 (10th Cir.1987) (defendant’s burden to show abuse of discretion is “difficult;” “strong showing of prejudice” required), cert. denied, 485 U.S. 1013, 108 S.Ct. 1486, 99 L.Ed.2d 714 (1988). Jenkins argues that he was prejudiced by the admission of evidence reflecting McLachlan’s violent nature due to its purported spillover effect. Our analysis above demonstrates that Jenkins was unable to show…
• United States v. Wright, 932 F.2d 868 (10th Cir. 1991)
  …s also appeal the district court’s decision to admit statements of co-conspirators. We review this decision for an abuse of discretion. Mobile Materials, 881 F. 2d at 872; United States v. Hernandez, 829 F. 2d 988, 994 (10th Cir.1987), cert. denied, 485 U.S. 1013, 108 S.Ct. 1486, 99 L.Ed.2d 714 (1988). [*880] “[A] trial court may admit statements of co-conspirators under Fed.R.Evid. 801(d)(2) after finding, by a preponderance of the evidence that: 1) a conspiracy existed, 2) the declarant and the defendant a…
• United States v. Johnson, 911 F.2d 1394 (10th Cir. 1990)
  …isted, (2) the declarant and the defendant were both members of the conspiracy, and (3) the statements were made in the course of and in furtherance of the conspiracy. See United States v. Hernandez, 829 F. 2d 988, 993 (10th Cir.1987), cert. denied, 485 U.S. 1013, 108 S.Ct. 1486, 99 L.Ed.2d 714 (1988). The court was at one time limited to consideration of evidence independent of the co-conspirator testimony in making the above determinations, but under the recent Supreme Court ruling in Bourjaily v. United S…