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U.S. v. KNOX

124 F.3d 1360 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Demetrius KNOX, also known as Michael Asberry, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 17, 1997.

Attorney(s) appearing for the Case

Art Fleak, Tulsa, OK, for Defendant-Appellant.

John D. Russell, Assistant United States Attorney (Stephen C. Lewis, United States Attorney, with him on brief), Tulsa, OK, for Plaintiff-Appellee.

Before PORFILIO, LUCERO and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

In this direct criminal appeal, we consider the admissibility of alleged hearsay evidence. We hold that the evidence in dispute was properly admissible as non-hearsay pursuant to Fed.R.Evid. 801(d)(1)(A). See Keyes v. School Dist. No. 1, 521 F.2d 465, 472-73 (10th Cir.1975) ("An appellate court will affirm the rulings of the lower court on any ground that finds support in the record, even where the lower...

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