UNITED STATES V. DOERR
886 F.2d 944 (1989)
NATURE OF THE CASE: This was a prosecution for unlawful prostitution conspiracy. Doerr
(Ds), five appellants, sought review of their convictions for conspiring to travel in and
use the facilities of interstate commerce to promote, carry on, and distribute the proceeds
of unlawful activities involving prostitution in violation of 18 U.S.C.S. 371, 18 U.S.C.S.
1952(a)(1), (3). Ds challenged the admission of a witness' grand jury testimony.
FACTS: The appellants (D), along with Pixley and Doerr, were all prosecuted for
conducting prostitution activities at nude dancing establishments and a massage parlor which
they owned. Two statements are at issue on appeal. The first was testified to by Meyer, a
patron of one of the clubs. It concerned a curtain which had been put up in the patio area
of one of the clubs. Meyer testified that Pixley had said that the curtain was ridiculous
and 'just asking for trouble with the police.' The second statement was introduced by
Doerr's half-brother, who testified that Doerr essentially said, 'I can't believe you don't
know what's going on.' The statements were admitted at trial under the co-conspirator
exception to the hearsay rule. D appealed, arguing that the statements were not made 'in
furtherance of the conspiracy,' as required by the exception. Therefore, while they may have
been admissible against Pixley and Doerr, they could not be used against any of the other
defendants.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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