Conviction of defendant for premeditated murder, bank robbery and related crimes is affirmed where: 1) tape recording was properly admitted as Confrontation Clause was not implicated because the statements were not testimonial and were admissible under Federal Rule of Evidence 804(b)(3); 2) defendant's claim of prosecutorial misconduct is rejected; and 3) it need not be decided whether witness' testimony was improper where it could not have materially affected the verdict.
Argued: July 31, 2009
Decided and Filed: September 18, 2009
Opinion by Judge Cole
For Appellant: Elizabeth L. Jacobs
For Appellee: Kevin M. Mulcahy, Assistant United States Attorney, Detroit Michigan