United States v. Caputo, Fiore, A/K/A "Curly". Appeal of Fiore Caputo

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Defendant Fiore Caputo (also known as “Curly”) appeals from his conviction of conspiracy to distribute methamphetamine. Once again this court must determine whether the out-of-court statements of an alleged coconspirator were properly admitted under Fed.R.Evid. 801(d)(2)(E) and the sixth amendment. Because the government failed to produce the coconspiratordeclarant to testify in court, and did not meet its concomitant burden of showing that he was unavailable to testify, we will reverse the judgment of the district court.

I

In an…