United States v. Bourjaily

BOYCE F. MARTIN, Jr., Circuit Judge.

William Bourjaily appeals his convictions for conspiracy to distribute and possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1),1 21 U.S.C. § 8462 *541and 18 U.S.C. § 2.3 Bourjaily claims that statements of his codefendant, Angelo Lo-nardo, should not have been admitted as statements of a co-conspirator as provided by Rule 801(d)(2)(E) of the Federal Rules of Evidence. Because Lonardo exercised his right not to testify at trial, Bourjaily claims that even if Lonardo’s statements were admissible under Rule 801(d)(2)(E), allowing the…