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U.S. v. RODRIGUEZ-LOPEZ

No. 07-6045.

565 F.3d 312 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Francisco RODRIGUEZ-LOPEZ, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 6, 2009.

Attorney(s) appearing for the Case

ARGUED: John E. Kuhn, Jr., Assistant United States Attorney, Louisville, Kentucky, for Appellant. David S. Mejia, Law Offices, Louisville, Kentucky, for Appellee. ON BRIEF: John E. Kuhn, Jr., Terry M. Cushing, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Appellant. David S. Mejia, Law Offices, Louisville, Kentucky, for Appellee.

Before: KENNEDY, BATCHELDER, and DAUGHTREY, Circuit Judges.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

The United States brings this interlocutory appeal to challenge the district court's order excluding evidence of calls made to the defendant's cellular telephone shortly after his arrest. The district court determined that the calls were hearsay under Federal Rule of Evidence 801(c) and that they did not fit within any exception to Rule 802's general preclusion of hearsay. We hold that because the government did...

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