United States v.. Moore, No. 15-1785 (7th Cir. 2016)
Annotate this CaseOfficers attempted to serve a warrant on probationer Hayden on April 9, 2012. A gun fight ensued, leaving Hayden dead and one officer injured. Using the serial number, officers identified Hayden's Glock firearm as registered to Moore. In an interview with ATF agents on April 10, 2012, Moore acknowledged that he knew Hayden. Investigation revealed that 4:30 p.m. on March 2, 2012, Moore purchased a new gun (Ruger) from a Fort Wayne store. Roughly 30 minutes later, he claims to have discovered his older weapon, the Glock, had been stolen. He called the Fort Wayne police to report the theft at 5:30 p.m. and filed a stolen-property report. On that date, Moore's phone placed and received numerous calls to and from a number ending in 9312. The government believes Hayden was on the other end of those calls. In his upcoming trial for selling that weapon to Hayden, a known felon, and falsely reporting that the weapon was stolen, the government sought to introduce evidence that Hayden had provided his probation officer with the 9312 number. The court granted Moore’s motion to exclude that evidence as inadmissible hearsay. The Seventh Circuit vacated, citing the residual hearsay exception. Hayden's statements bear markers of reliability that are equivalent to those found in statements specifically covered by federal rules.
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