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043306P.pdf   10/04/2005  United States  v.  James Naiden
   U.S. Court of Appeals Case No:  04-3306
   District of Minnesota   
   [PUBLISHED] [Murphy, Author, with Bye and Smith, Circuit Judges]
Criminal case - criminal law. District court did not err in refusing to admit a hearsay statement defendant allegedly made to a third party to the effect that he did not believe the person he had an e-mail correspondence with was actually 14 years old; the statement was not substantially contemporaneous with defendant's communications with his correspondent and was not reliable; even if refusal to admit the statement was error, the evidence was overwhelming that defendant actually did believe the correspondent was a minor. Judge Bye, concurring.