One of the Government's witnesses, in this case, testified that, three weeks after Hoosier (D) allegedly robbed the bank, he saw D with money, and wearing what appeared to be diamond rings. The witness testified that, while in D's presence, D's girlfriend said, 'That ain't nothing, you should have seen the money we had in the hotel room.' D said nothing in response to the girlfriend's statement. The testimony was admitted at trial over D's objection. D appealed. The government contends that the statement constitutes an admission.

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