United States v. Donald James and David Anthony Butler, United States of America v. Henry Smith and Kenneth Wayne Whitmore

CHARLES CLARK, Circuit Judge:

The court en banc on its own motion has reconsidered this case following the panel decision reported at 576 F.2d 1121 because of possible conflicts between that decision and prior decisions of this court touching on the admission of out-of-court statements by alleged coconspirators and because of the importance of the question at issue.

The panel opinion fully stated the facts and circumstances of the case and the conclusion of the court with respect to all matters at issue through that part of the opinion denominated “IV. Miscellaneous,” 576 F.2d 1123-27, second'…