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377 F.3d 223 *; 2004 U.S. App. LEXIS 15529 **; 64 Fed. R. Serv. (Callaghan) 1195
UNITED STATES OF AMERICA, Appellee, v. JAMES SAGET, also known as Hesh, Defendant-Appellant.
Subsequent History: Subsequent appeal at United States v. Saget, 108 Fed. Appx. 667, 2004 U.S. App. LEXIS 18745 (2004)
US Supreme Court certiorari denied by Saget v. United States, 2005 U.S. LEXIS 260 (U.S., Jan. 10, 2005)
Prior History: [**1] Defendant-appellant James Saget appeals from a judgment of conviction entered in the United States District Court for the Southern District of New York (Kaplan, J.) of conspiracy to traffic in firearms and firearms trafficking, following a jury trial. Saget contends that the district court violated his Confrontation Clause rights by permitting the government to introduce into evidence statements that Saget's co-conspirator made to a confidential informant. We hold that (1) the co-conspirator's statements were not testimonial under Crawford v. Washington, 541 U.S. 36, 158 L. Ed. 2d 177, 124 S. Ct. 1354 (2004), and therefore do not implicate Crawford's per se bar on the introduction of out-of-court testimonial statements without a prior opportunity for cross-examination; (2) because the statements were made under circumstances conferring particularized guarantees of trustworthiness, their admission did not violate Saget's confrontation rights as enunciated in Ohio v. Roberts, 448 U.S. 56, 65 L. Ed. 2d 597, 100 S. Ct. 2531 (1980); and (3) the district court did not abuse its discretion in determining that the statements were admissible as statements against the declarant's penal interest under Fed. R. Evid. 804(b)(3) [**2] .
declarant, reliability, testimonial statement, testimonial, guns, penal interest, cross-examination, firearms, district court, nontestimonial, hearsay, self-inculpatory, trustworthiness, implicated, hearsay exception, conversations, particularized guarantees, reasonable expectation, declarant's statement, out-of-court, gun-running, conspiracy, argues, firmly, rooted, circumstances, confrontation, formulations, trafficking, unavailable
Constitutional Law, Fundamental Rights, Criminal Process, Right to Confrontation, Criminal Law & Procedure, Trials, Defendant's Rights, General Overview, Evidence, Hearsay, Rule Components, Statements, Commencement of Criminal Proceedings, Interrogation, Exceptions, Standards of Review, De Novo Review, Abuse of Discretion, Evidence, Statements Against Interest