United States v. Alberto Cruz Fontanez

BOWNES, Circuit Judge.

Defendant-appellant, Alberto Cruz Fontanez, appeals a jury conviction of conspiring with his brother, 1 Anibal Cruz Fontanez, and others unknown, to possess and distribute approximately 15,000 grams of cocaine (Count I) and using the telephone to facilitate the distribution 2 of about 10,000 grams of cocaine (Count II).

Defendant makes three assignments of trial error: (1) the admission of hearsay statements of the named coconspirator, (2) the admission of testimony of a government witness, and (3) the admission into evidence of a tape recording containing statements by…