United States v. Kilbride, 2007 U.S. Dist. LEXIS 40471, at *7-8 (D. Ariz. June 1, 2007).
Emails were deemed admissible hearsay as (1) admission by a party opponent under Rule 801(d)(2)(A) and (E); and, (2) business records (citing United States v. Childs, 5 F.3d 1328, 1333 (9th Cir. 1993) ( “exhibits can be admitted as business records of an entity, even when that entity was not the maker of those records, so long as the other requirements of Rule 803(6) are met and the circumstances indicate the records are trustworthy.”)).
