Opinion
No. 86-5099.
May 18, 1988.
Before ANDERSON, FERGUSON and NOONAN, Circuit Judges.
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 coconspirator'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: