072399P.pdf   04/10/2008  United States  v.  Ruben Cazares
   U.S. Court of Appeals Case No:  07-2399
   District of Nebraska - Omaha   
   [PUBLISHED] [Shepherd, Author, with Chief Judge Loken and
   Wollman, Circuit Judges]
   Criminal Case - conviction. Guilty verdict for conspiracy to distribute
   and possess with intent to distribute methamphetamine is affirmed. 
   Hearsay witness testimony was conditionally admitted into evidence and
   at close of evidence the district court concluded some statements were not
   hearsay and the government had met its burden as to other statements
   showing the out-of-court declarants were coconspirators and thus the
   statements were admissible under Fed. R. Evid. 801(d)(2)(E). District
   court did not abuse its discretion in concluding statements were made in
   furtherance of conspiracy where each statement identified participants in
   the conspiracy, their role, method of distribution or source for the drugs. 
   Two statements, if error, were harmless.