U.S. v. Martinez, No. 86-1161

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtBefore LOGAN, ANDERSON, and McWILLIAMS; McWILLIAMS
Citation825 F.2d 1451
Parties23 Fed. R. Evid. Serv. 971 UNITED STATES of America, Plaintiff-Appellee, v. Lorenzo MARTINEZ, Defendant-Appellant.
Decision Date06 August 1987
Docket NumberNo. 86-1161

Page 1451

825 F.2d 1451
23 Fed. R. Evid. Serv. 971
UNITED STATES of America, Plaintiff-Appellee,
v.
Lorenzo MARTINEZ, Defendant-Appellant.
No. 86-1161.
United States Court of Appeals,
Tenth Circuit.
Aug. 6, 1987.

Karl J. Geil, Denver, Colo., for defendant-appellant.

William D. Welch, Asst. U.S. Atty., Mountain States Drug Task Force (Robert N. Miller, U.S. Atty., D. Colo., with him on the brief), Denver, Colo., for plaintiff-appellee.

Before LOGAN, ANDERSON, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Lorenzo Martinez and forty-four others were charged in one count of an indictment with conspiring to possess and distribute cocaine in violation of 21 U.S.C. Secs. 841(a)(1) and 846. 1 A jury convicted Martinez on the conspiracy charge, and he now appeals the sentence imposed thereon. We affirm.

At trial, the district court, over objection, admitted statements made by several coconspirators, out of Martinez' presence, which implicated Martinez in the conspiracy. In so doing, the district court concluded that the Government had established by independent evidence, i.e., evidence other than the proffered statements themselves, that a conspiracy existed, that both the declarant and Martinez were members of the conspiracy, and that the statement offered was made during the course and in furtherance of the conspiracy. In this regard, see, for example, United States v. Petersen, 611 F.2d 1313, 1330 (10th Cir.1979), cert. denied, 447 U.S. 905, 100 S.Ct. 2985, 2986, 64 L.Ed.2d 854 (1980).

On appeal, Martinez argues that although the independent evidence may well have established the existence of a conspiracy, that the declarant was a member of the conspiracy and that the statements made were in furtherance of the conspiracy, such evidence did not show that Martinez was himself a member of the conspiracy.

The general rule is that "hearsay" is not admissible in evidence. Fed.R.Evid. 802.

Page 1452

Fed.R.Evid. 801(c) defines "hearsay" as an out-of-court statement "offered in evidence to prove the truth of the matter asserted." Rule 801(d)(2)(E), however, specifically provides that "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." Accordingly, such a statement would not be subject to the general rule against hearsay. As indicated, by case law we have held that in order for the out-of-court statements of a coconspirator to be admissible against a party, certain preliminary requirements must be met by independent evidence, i.e., evidence other than the proffered statement itself. See, e.g., Petersen, supra. Those requirements are already listed above.

We believe that in the instant case the district court was correct in holding that the requirements of Petersen were met, and that the out-of-court declarations of, for example, Jesus John Hernandez, a...

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48 practice notes
  • United States v. Deleon, No. CR 15–4268 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • March 7, 2018
    ...United States v. Lopez–Gutierrez, 83 F.3d at 1242 (internal quotation marks and alterations omitted)(quoting United States v. Martinez, 825 F.2d 1451, 1451 (10th Cir. 1987) )."[I]t is not necessary for the United States to show that proffered statements were made during the time in which [t......
  • United States v. DeLeon, No. CR 15-4268 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • April 23, 2019
    ...the conspiracy," United States v. Lopez-Gutierrez, 83 F.3d at 1242 (internal quotation marks omitted)(quoting United States v. Martinez, 825 F.2d 1451, 1453 (10th Cir. 1987) ). This "independent evidence may be sufficient even when it is not ‘substantial.’ " United States v. Lopez-Gutierrez......
  • United States v. Deleon, No. CR 15-4268 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • May 13, 2019
    ...the conspiracy," United States v. Lopez-Gutierrez, 83 F.3d at 1242 (internal quotation marks omitted)(quoting United States v. Martinez, 825 F.2d 1451, 1453 (10th Cir. 1987) ). This "independent evidence may be sufficient even when it is not ‘substantial.’ " United States v. Lopez-Gutierrez......
  • United States v. DeLeon, No. CR 15-4268 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • January 21, 2020
    ...United States v. Lopez-Gutierrez, 83 F.3d at 1242 (internal quotation marks and alterations omitted)(quoting United States v. Martinez, 825 F.2d 1451, 1451 (10th Cir. 1987)). "[I]t is not necessary for the United States to show that proffered statements were made during the time in which [t......
  • Request a trial to view additional results
48 cases
  • United States v. Deleon, No. CR 15–4268 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • March 7, 2018
    ...United States v. Lopez–Gutierrez, 83 F.3d at 1242 (internal quotation marks and alterations omitted)(quoting United States v. Martinez, 825 F.2d 1451, 1451 (10th Cir. 1987) )."[I]t is not necessary for the United States to show that proffered statements were made during the time in which [t......
  • United States v. DeLeon, No. CR 15-4268 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • April 23, 2019
    ...the conspiracy," United States v. Lopez-Gutierrez, 83 F.3d at 1242 (internal quotation marks omitted)(quoting United States v. Martinez, 825 F.2d 1451, 1453 (10th Cir. 1987) ). This "independent evidence may be sufficient even when it is not ‘substantial.’ " United States v. Lopez-Gutierrez......
  • United States v. Deleon, No. CR 15-4268 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • May 13, 2019
    ...the conspiracy," United States v. Lopez-Gutierrez, 83 F.3d at 1242 (internal quotation marks omitted)(quoting United States v. Martinez, 825 F.2d 1451, 1453 (10th Cir. 1987) ). This "independent evidence may be sufficient even when it is not ‘substantial.’ " United States v. Lopez-Gutierrez......
  • United States v. DeLeon, No. CR 15-4268 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • January 21, 2020
    ...United States v. Lopez-Gutierrez, 83 F.3d at 1242 (internal quotation marks and alterations omitted)(quoting United States v. Martinez, 825 F.2d 1451, 1451 (10th Cir. 1987)). "[I]t is not necessary for the United States to show that proffered statements were made during the time in which [t......
  • Request a trial to view additional results

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