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United States v. Nicholson

United States District Court, Eastern District of Michigan, Northern Division

March 31, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
D-1 MARVIN NICHOLSON et al., Defendants.

ORDER NUNC PRO TUNC TO TUESDAY, MARCH 3, 2015, FINDING BY A PREPONDERANCE OF THE EVIDENCE THAT THERE WAS A CONSPIRACY, AND THAT THE STATEMENTS MADE BY CO-CONSPIRATORS WERE IN FURTHERANCE OF THE CONSPIRACY

PAUL D. BORMAN, UNITED STATES DISTRICT JUDGE

Only July 1, 2014, this Court held (Dkt. #241), in response to Defendants’ Motion for a Written Proffer and Hearing on Admissibility of Co-Conspirators’ Statements under Fed.R.Evid. 801(d) (Dkt. #186), that it would admit the statements conditionally, and determine at the conclusion of the Government’s case-in-chief, whether there was a conspiracy, and the statements were made in furtherance of the conspiracy.

Per United States v. Vinson, 606 F.2d 149, 152-53 (6th Cir. 1979) and United States v. Holloway, 740 F.2d 1373, 1375-76, n.2 (6th Cir. 1984), the Court finds admissible, by a preponderance of evidence, at the conclusion of the Government’s case-in-chief, on March 3, 2015, statements of co-conspirators during and in furtherance of the conspiracy, offered pursuant to Fed.R.Evid. 801(d)(2)(E). The Court finds that there was a conspiracy, and that the statements made by co-conspirators were in furtherance of the conspiracy.

SO ORDERED.


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