Miles Guo Court Documents · Doc 382

摘要

Government Application · Geaney Finding for Co-Conspirator Statements

This eight-page letter motion, dated June 28, 2024 from the Assistant U.S. Attorneys, applies for a Geaney finding under Federal Rule of Evidence 801(d)(2)(E) admitting certain out-of-court statements elicited at trial for their truth as co-conspirator or agent statements in United States v. Guo, S3 23 Cr. 118 (AT).

Exhibit A — Statements Targeted

The motion attaches Exhibit A (case-doc-382-1) — an appendix of the specific out-of-court statements the government seeks to admit. For each statement, the motion provides:

• Identification of the out-of-court declarant;
• Citations to the trial record establishing, by a preponderance, that the declarant was a co-conspirator or agent of the defendant;
• The specific portion of the statement sought to be admitted.

I. The Court Should Admit Certain Co-Conspirator and Agent Statements for Their Truth

A. Applicable Law

The motion recites:

• Statements by a criminal defendant — speaking for himself or through his agents — are not hearsay and are admissible for their truth (FRE 801(d)(2));
• United States v. Olweiss, 138 F.2d 798, 800 (2d Cir. 1943): co-conspirator statements rest on "the general principle of agency that the acts of one [conspirator] are the acts of all";
• The Geaney prerequisites (conspiracy existed, defendant and declarant were members, statements made in furtherance of the conspiracy) must be shown by preponderance of the evidence.