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UNITED STATES v. RADEKER

No. 79-2139.

664 F.2d 242 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph F. RADEKER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 17, 1982.

Attorney(s) appearing for the Case

Stephen M. Munsinger of Keene, Munsinger & Stuckey, Denver, Colo., for defendant-appellant.

John R. Osgood, Asst. U. S. Atty., Oklahoma City, Okl. (James E. Edmondson, U. S. Atty., Muskogee, Okl., with him on the brief), for plaintiff-appellee.

Before SETH, Chief Judge, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Defendant was tried in September 1979, nearly a year after this court in United States v. Andrews, 585 F.2d 961 (10th Cir. 1978), held that under Fed.R.Evid. 104(a) and (b)1 and 801(d)(2)(E)2 a coconspirator's hearsay statement is not admissible unless the trial judge finds three facts by a preponderance of the evidence. The trial judge must...

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