|
UNITED STATES OF AMERICA, Plaintiff-Appellant, v. FRANCISCO RODRIGUEZ-LOPEZ, Defendant-Appellee. |
|
Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 06-00145—Jennifer B. Coffman, Chief District Judge.
Argued: December 11, 2008
Decided and Filed: May 6, 2009
Before: KENNEDY, BATCHELDER, and DAUGHTREY, Circuit Judges.
ALICE M. BATCHELDER, Circuit Judge. The United States brings this interlocutory appeal to challenge the district court’s order excluding evidence of calls made to the defendant’s cellular telephone shortly after his arrest. The district court determined that the calls were hearsay under Federal Rule of Evidence 801(c) and that they did not fit within any exception to Rule 802’s general preclusion of hearsay. We hold that because the government did not seek to prove the truth of any matter asserted by the callers, the district court erred in excluding evidence of the calls.