The following excerpt is from U.S. v. Felix-Jerez, 667 F.2d 1297 (9th Cir. 1982):
Although the district court did not treat this question, no arrangement of the facts in the record constitutes an act of adoption. The defendant never read, saw or signed the statement. In fact, he did not know of its existence until the beginning of his trial. He did not testify at that trial. Because the burden of showing admissibility rests on the prosecution, Brown v. Illinois, 422 U.S. 590, 604, 95 S.Ct. 2254, 2262, 45 L.Ed.2d 416 (1975), we conclude that the statement is not admissible under Rule 801(d)(2)(A).
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