United States v. Gibbs, Stephen A/K/A "Jake,"

OPINION OF THE COURT

GARTH, Circuit Judge.

Defendant Stephen Gibbs was convicted after a jury trial in the United States District Court for the Eastern District of Pennsylvania of conspiracy to distribute marijuana in violation of 21 U.S.C. § 846 (1976). The conviction was based primarily on statements made by a co-conspirator, Joseph Quintiliano, that were admitted into evidence against Gibbs under Fed.R.Evid. 801(d)(2)(E), which creates a category of non-hearsay for co-conspirators’ admissions.

On appeal to a panel of this court, Gibbs argued that (1) the prerequisites for the admission into…