The following excerpt is from U.S. v. Sustaita, 42 F.3d 1404 (9th Cir. 1994):
The co-conspirator exception to the hearsay rule is only applicable upon a preliminary showing, by the preponderance of evidence, of the accused's knowledge of and participation in the conspiracy. United States v. Castaneda, 16 F.3d 1504, 1507 (9th Cir.1994). Furthermore,
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