846 F2d 591 United States v. Knigge

846 F.2d 591

UNITED STATES of America, Plaintiff-Appellee,
v.
Dwain KNIGGE, Defendant-Appellant.

No. 86-5099.

United States Court of Appeals,
Ninth Circuit.

May 18, 1988.

Prior Report: 9th Cir., 832 F.2d 1100.

Before ANDERSON, FERGUSON and NOONAN, Circuit Judges.

ORDER


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1

The Opinion in the above case is amended as follows:

2

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

3

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:

4

is replaced by the following:

5

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: