United States v. Kenneth Fairley

STEPHEN A. HIGGINSON, Circuit Judge:

Appellant-Defendant Kenneth Fairley appeals his jury conviction for theft of *202government property in violation of 18 U.S.C. § 641 (counts two and three) and conspiracy to commit theft of government property in violation of 18 U.S.C. § 371 (count one). Fairley argues that: (1) the indictment, jury instruction, and verdict form all misstated the elements of § 641; (2) the district court erroneously admitted recorded conversations as non-hearsay statements of a coconspirator; and (8) the district court improperly calculated Fair-ley’s loss amount and’ imposed…