This section contains the nature of the case and procedural background.

Headley (D) was charged with possession of narcotics with intent to distribute and conspiracy to distribute. During trial, the statements of an unidentified Jamaican caller were admitted into evidence as those of a co-conspirator made during and in furtherance of the conspiracy. D was convicted and appealed. The Appeals court determined that it did not need to struggle with the co-conspirator argument because it could affirm on the ground that the statements were admissible nonhearsay under Oguns.

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