United States v. James Donald Smith

HOLLOWAY, Chief Judge.

Defendant, James Donald Smith (“Smith”), was convicted by a jury on two counts of possession of goods stolen from interstate commerce in violation of 18 U.S. C. §§ 659 and 2 (1982). On appeal, Smith argues that the trial court erred by admitting four tape recorded conversations, and transcripts of them, between his wife and a government informant in evidence under the coconspirator’s statement exception of Fed.R.Evid. 801(d)(2)(E). We affirm.

I

A. Preindictment proceedings

Considered in the light most favorable to the government, as it must be after the guilty verdict, the…