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054164P.pdf   10/11/2006  United States  v.  Victor Cazares
   U.S. Court of Appeals Case No:  05-4164
   District of Nebraska   
   [PUBLISHED] [Melloy, Author, with Loken, Chief Judge, and Colloton,
   Circuit Judge]
   Criminal case - criminal law. Admission of passenger's statement did
   not violate Rule 801(c) or the confrontation clause; giving of instruction
   based on Eighth Circuit Model Jury Instruction No. 3.05 was not error;
   evidence was sufficient to support conspiracy conviction; district court
   did not abuse its discretion in denying motion for new trial based on a
   Brady violation. Judge Colloton, concurring in part and concurring in the
   judgment.