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

Government agents were searching Zenni's (D) premises pursuant to a valid search warrant. While conducting the search, the agents answered the telephone several times for several unidentified callers placing bets. At trial, the Government attempted to introduce evidence of the calls to show that the callers believed that the premises were used for bookmaking. This, in turn, was to be used to prove that the premises were so used. D objected to the evidence as hearsay.

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