United States v. Dwain Knigge

846 F.2d 591, 1988 WL 48050

Opinion

ORDER

The Opinion in the above case is amended as follows:

At 832 F.2d at 1103 in the sixth full paragraph, second sentence reading:

That a conspiracy existed involving Knigge and Brownfield was proved by the statements themselves, United States v. Bourjaily, — U.S. -, 107 S.Ct. 2775, 2782, 97 L.Ed.2d 144 (1987), as well by the other evidence of conspiracy set out below:

is replaced by the following:

The district court may consider the co-conspirator’s statements themselves in determining whether the preliminary fact of a conspiracy has been proven by a preponderance of the evidence. Bourjaily v. United States, — U.S. -, 107 S.Ct. 2775, 2782, 97 L.Ed.2d 144 (1987). Here, a conspiracy involving Knigge and Brownfield was proved by Brownfield’s statements and the following evidence independent of his statements: