173211P.pdf   11/28/2018  United States  v.  Robert Mayfield
   U.S. Court of Appeals Case No:  17-3211
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Loken, Author, with Gruender and Erickson, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court did not 
   err in admitting out-of-court statements made by defendant's 
   co-conspirators as they were made during the course and in furtherance of 
   the conspiracy; such statements are generally non-testimonial, and their 
   admission does not violate the Confrontation Clause as interpreted by 
   Crawford v. Washington, 541 U.S. 36 (2004); evidence as sufficient to 
   support defendant's conviction for conspiracy to distribute 
   methamphetamine; any error in imposing an enhancement under Guidelines 
   Sec. 3C1.1 based on defendant's act of making a throat-slashing gesture to 
   testifying co-conspirator was harmless based on the court's specific 
   statement at sentencing that it would reach the same sentencing decision 
   with or without the enhancement.