United States v. Marshall

DECISION

KASTL, Senior Judge:

This appeal centers on a rule of evidence — co-conspirator statements under Mil.R.Evid. 801(d)(2)(E). As the military judge explained at trial, the evidentiary contest grew out of “a classical case of admission of a statement of a co-conspirator in furtherance of a conspiracy and while a conspiracy is still ongoing.”

We find no error on the particular facts before us and affirm.

Statements of Co-Conspirators

A

The appellant, Staff Sergeant Marshall, was convicted in Panama of various drug-related offenses in violation of Articles 81 and 112a, UCMJ, 10 U.S.C. §§ 881,…