BOURJAILY V. UNITED STATES
483 U.S. 171 (1987)
NATURE OF THE CASE: This was an appeal of a conviction for a conspiracy to distribute
cocaine.
FACTS: Clarence was an informant for the FBI. Clarence identified Bourjaily (D) as a
person interested in dealing cocaine. Clarence arranged to sell cocaine to Lonardo and a
gentleman friend. The purchase was consummated during which Lonardo stated that the drugs
were to be transferred to his friend in a parking lot. Lonardo and his friend, D were
arrested on the spot. D was charged with conspiracy to distribute cocaine, in violation of
21 U.S.C. sec 846. P attempted to introduce the informant's statements about D, using the
co-conspiracy hearsay exemption. D objected, claiming that the court must look at evidence
independent of this statement to prove that there was a conspiracy. The court overruled the
objection, allowing the statement to be admitted as evidence. D was convicted. The court of
appeals affirmed, and the Supreme Court granted review. The case was then heard by the
Supreme Court.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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