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BOURJAILY v. UNITED STATES

No. 85-6725.

483 U.S. 171 (1987)

107 S.Ct. 2775

97 L.Ed.2d 144

BOURJAILY v. UNITED STATES

Supreme Court of United States.

Decided June 23, 1987

Attorney(s) appearing for the Case

Stephen Allan Saltzburg argued the cause for petitioner. With him on the briefs were James R. Willis and James M. Shellow.

Lawrence S. Robbins argued the cause for the United States. With him on the brief were Solicitor General Fried, Assistant Attorney General Weld, and Deputy Solicitor General Bryson.*

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

Federal Rule of Evidence 801(d)(2)(E) provides: "A statement is not hearsay if . . . [t]he statement is offered against a party and is . . . a statement by a coconspirator of a party during the course and in furtherance of the conspiracy." We granted certiorari to answer three questions regarding the admission of statements under Rule 801(d)(2)(E): (1) whether the court must determine by independent evidence...

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