United States v. Fernando Gutierrez-Chavez, 842 F.2d 77 (5th Cir. 1988). · Go Syfert
United States v. Fernando Gutierrez-Chavez, 842 F.2d 77 (5th Cir. 1988). Cases Citing This Book View Copy Cite
“statements offered only to provide context to a defendant's admissions are not hearsay.”
69 citation events (24 in the last 25 years) across 24 distinct courts.
Strongest positive: State v. Christensen (idaho, 2020-02-24)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State v. Christensen
Idaho · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
statements offered only to provide context to a defendant's admissions are not hearsay.
discussed Cited as authority (rule) United States v. King
5th Cir. · 2024 · confidence medium
This court has recognized that some statements made during recorded conversations are admissible as “reciprocal and integrated utterance(s)” between a defendant and another party, for the purpose of creating context and making them “intelligible to the jury and recognizable as admissions.” United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir. 1988) (internal quotation marks and citations omitted); see also United States v. Jones, 873 F.3d 482, 496 (5th Cir. 2017).
discussed Cited as authority (rule) State v. Jones
Idaho Ct. App. · 2019 · confidence medium
This Court in Siegel said that “such statements made to a party in the course of a conversation are admissible ‘for the limited purpose of putting the responses of the [party] in context and making them intelligible to the jury and recognizable as admissions.’” Id. at 541 , 50 P.3d at 1036 (quoting United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir. 1988)).
discussed Cited as authority (rule) United States v. Luis Fernandez
7th Cir. · 2019 · confidence medium
See, e.g., Estate of Moreland v. Dieter, 395 F.3d 747 , 753–54 (7th Cir. 2005) (recognizing that interroga- 10 No. 17-3421 tor’s questions were offered to provide context for defendant’s answers and as such were not hearsay) (citing United States v. Woods, 301 F.3d 556, 561 (7th Cir. 2002) (informant’s side of recorded conversation with defendant admissible to provide context)); United States v. Gajo, 290 F.3d 922 , 929–30 (7th Cir. 2002) (statements of non-conspirator, in recorded conversation with co-conspirator, admissible to provide context for co- conspirator’s statements) (co…
discussed Cited as authority (rule) United States v. Stevens
W.D. La. · 2011 · confidence medium
Instead, these statements “provide a context for the statements of the defendant.” Id.; see also United States v. Dixon, 132 F.3d 192, 198 (5th Cir.1997) (statements of an informant who refused to testify at trial were “admissible to prove that they were uttered” rather than to establish the truth and also to put the defendant’s statements into context); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988) (recorded statements were properly admitted “as reciprocal and integrated utterances between two parties ... for the limited purpose of putting the response of the […
discussed Cited as authority (rule) United States v. Hendricks
3rd Cir. · 2005 · confidence medium
Stated otherwise, Crawford presents no bar to the admission of the statements of Defendants or their coconspirators made in the conversations with CI Rivera that he surreptitiously recorded. 37 Under these circumstances, we conclude that the Government should be permitted to introduce the balance of the conversations, i.e., the statements of CI Rivera which, as the Government argues, put the statements of the other parties to the conversations "into perspective and make them intelligible to the jury and recognizable as admissions." United States v. McDowell, 918 F.2d 1004, 1007 (1st Cir.1990) …
discussed Cited as authority (rule) United States v. Hendricks
3rd Cir. · 2005 · confidence medium
Under these circumstances, we conclude that the Government should be permitted to introduce the balance of the conversations, i.e., the statements of Cl Rivera which, as the Government argues, put the statements of the other parties to the conversations “into perspective and make them intelligible to the jury and recognizable as admissions.” United States v. McDowell, 918 F.2d 1004, 1007 (1st Cir. 1990) (internal citations and quotations omitted); see also United States v. Stelten, 867 F.2d 453, 454 (8th Cir. 1988) (per curiam); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir. …
discussed Cited as authority (rule) State v. Pierre
La. Ct. App. · 2004 · confidence medium
Therefore, the error concerning the sufficiency of the evidence is considered first, even though it was assigned second. [5] See also United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988), wherein the court held that the admission of a recorded telephone conversation between a party cooperating with the DEA and the defendant did not violate defendant's right of confrontation.
discussed Cited as authority (rule) United States v. Fowler
4th Cir. · 2003 · confidence medium
See 3 United States v. McDowell, 918 F.2d 1004, 1007 (1st Cir. 1990); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir. 1988); cf. United States v. Leake, 642 F.2d 715 , 720 n.6 (4th Cir. 1981) (admitting testimony regarding conversation that was "necessary to explain the context in which [the defendant] made the statements").
discussed Cited as authority (rule) United States v. Fowler
4th Cir. · 2003 · confidence medium
See United States v. McDowell, 918 F.2d 1004, 1007 (1st Cir.1990); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir. 1988); cf. United States v. Leake, 642 F.2d 715 , 720 n. 6 (4th Cir.1981) (admitting testimony regarding conversation that was “necessary to explain the context in which [the defendant] made the statements”).
discussed Cited as authority (rule) State v. Siegel (2×)
Idaho Ct. App. · 2002 · confidence medium
See United States v. Zizzo, 120 F.3d 1338, 1348 (7th Cir.1997); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Jordan, 810 F.2d 262, 264 (D.C.Cir.1987); Williams v. State, 669 N.E.2d 956, 958 (Ind.1996); Bundrage *1036 v. State, 265 Ga. 813 , 462 S.E.2d 719, 721 (1995); Atkins v. Commonwealth, 13 Va. App. 365 , 412 S.E.2d 194, 196 (1991).
discussed Cited as authority (rule) Echo Acceptance Corp. v. Household Retail Services, Inc.
10th Cir. · 2001 · confidence medium
In that case, the court held that the informant’s portions of the conversations were admissible to provide context for the defendant’s portions because they “served as reciprocal and integrated utterance(s), reasonably required to place [the defendant’s] admissions into context and make them intelligible to the jury.” Id. at 225 (internal quotations and citations omitted); see also, e.g., United States v. McDowell, 918 F.2d 1004, 1007 (1st Cir.1990) (“Nor can a defendant, having made admissions, keep from the jury other segments of the discussion reasonably required to place those …
discussed Cited as authority (rule) State v. Demery
Wash. · 2001 · confidence medium
See United States v. Flores, 63 F.3d 1342, 1358-59 (5th Cir.1995); see also United States v. Catano, 65 F.3d 219, 225 (1st Cir.1995); United States v. Sorrentino, 72 F.3d 294, 298 (2d Cir.1995); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Whitman, 771 F.2d 1348, 1351 (9th Cir.1985). [6] In addition, the Kitchen court noted that when a police officer questions a defendant about whether she had lied during the interview, then the officer's statement need not be redacted.
discussed Cited as authority (rule) State v. Demery
Wash. · 2001 · confidence medium
See United, States v. Flores, 63 F.3d 1342, 1358-59 (5th Cir. 1995); see also United States v. Catano, 65 F.3d 219, 225 (1st Cir. 1995); United States v. Sorrentino, 72 F.3d 294, 298 (2d Cir. 1995); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir. 1988); United States v. Whitman, 771 F.2d 1348, 1351 (9th Cir. 1985).
discussed Cited as authority (rule) Quartararo v. Hanslmaier
2d Cir. · 1999 · confidence medium
See United States v. Castro, 813 F.2d 571, 576 (2d Cir.1987) (“[C]ourts historically have required a party offering testimony as to an utterance to present fairly the ‘substance or effect’ and context of the statement.”); see also United States v. Stratton, 779 F.2d 820, 830 (2d Cir.1985); United States v. Murray, 618 F.2d 892, 900 (2d Cir.1980); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Jordan, 810 F.2d 262, 264 (D.C.Cir.1987).
discussed Cited as authority (rule) Quartararo v. Hanslmaier
2d Cir. · 1999 · confidence medium
See United States v. Castro, 813 F.2d 571, 576 (2d Cir. 1987) ("[C]ourts historically have required a party offering testimony as to an utterance to present fairly the `substance or effect' and context of the statement."); see also United States v. Stratton, 779 F.2d 820, 830 (2d Cir. 1985); United States v. Murray, 618 F.2d 892, 900 (2d Cir. 1980); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir. 1988); United States v. Jordan, 810 F.2d 262, 264 (D.C.
discussed Cited as authority (rule) State v. Castillo-Sanchez (2×)
N.M. Ct. App. · 1999 · confidence medium
See id.; United States v. McDowell, 918 F.2d 1004, 1007 (1st Cir.1990); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Stelten, 867 F.2d 453, 454 (8th Cir.1988) (per curiam).
discussed Cited as authority (rule) United States v. Dixon (2×)
5th Cir. · 1997 · confidence medium
See United States v. Cheramie, 51 F.3d 538, 541 (5th Cir.1995); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988).
examined Cited as authority (rule) Bundrage v. State (3×) also: Cited "see", Cited "see, e.g."
Ga. · 1995 · confidence medium
The case was docketed in this court on May 5, 1995 and was orally argued on July 10, 1995. [1] In both cases the Court of Appeals reasoned that the conversations were admissible on the grounds that Crowder v. State, 237 Ga. 141 , 227 S.E.2d 230 (1976), did not prevent a conspirator who had confessed from testifying at trial as to facts; that a defendant's statements are admissible through the testimony of anyone who heard them; that for these reasons the co-conspirator could have testified regarding the contents of the conversations; and that therefore the taped conversations were admissible. …
cited Cited as authority (rule) United States v. Manuel Flores, United States of America v. Juan Raul Garza
5th Cir. · 1995 · confidence medium
United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988).
discussed Cited as authority (rule) United States v. Jimmy Edwards Hobbs
6th Cir. · 1995 · confidence medium
The confidential informant's statements and remarks in the recordings or on the tapes have been admitted for the limited purpose of assisting you in placing these statements and other witnesses or participants in those conversations in context. 13 J.A. at 70. 14 "A number of circuits have embraced the evidentiary rule that the entirety of tape recorded conversations between a defendant and a third party informant are admissible where the defendant's statements are offered as verbal acts or admissions and the third party's statements are necessary to place the defendant's statements in proper c…
discussed Cited as authority (rule) State v. Dillon
W. Va. · 1994 · confidence medium
Id. (citing United States v. Davis, 890 F.2d 1373, 1380 (7th Cir.1989), cert. denied, 493 U.S. 1092 , 110 S.Ct. 1165 , 107 L.Ed.2d 1068 (1990) (citing United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Jordan, 810 F.2d 262, 264 (D.C.Cir.), cert. denied, 481 U.S. 1032 , 107 S.Ct. 1963 , 95 L.Ed.2d 535 (1987); United States v. Price, 792 F.2d 994, 996-97 (11th Cir.1986); United States v. Whitman, 771 F.2d 1348, 1352 (9th Cir.1985))).
discussed Cited as authority (rule) United States v. Mickens
S.D.W. Va · 1993 · confidence medium
Id.; United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Murray, 618 F.2d 892, 900 (2d Cir.1980); United States v. Lemonakis, 485 F.2d 941, 948-49 (D.C.Cir.1973), ce rt. denied, 415 U.S. 989 , 94 S.Ct. 1586 , 39 L.Ed.2d 885 (1974).
discussed Cited as authority (rule) United States v. Cox
D. Maryland · 1993 · confidence medium
See United States v. McClain, 934 F.2d 822, 832-33 (7th Cir. 1991); United States v. Davis, 890 F.2d 1373, 1379-80 (7th Cir.1989), cert. denied, 493 U.S. 1092 , 110 S.Ct. 1165 , 107 L.Ed.2d 1068 (1990); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir. 1988); United States v. Murray, 618 F.2d 892, 900 (2d Cir. 1980); United States v. Ariza-Ibarra, 605 F.2d 1216, 1224 (1st Cir. 1979), cert. denied, 454 U.S. 895 , 102 S.Ct. 392 , 70 L.Ed.2d 209 (1981). 30 .
discussed Cited as authority (rule) United States v. Tangeman
D. Neb. · 1993 · confidence medium
See United States v. Davis, 890 F.2d 1373, 1379-80 (7th Cir.1989) (concluding the admission of tape recorded conversations between defendant and non-testifying informant did not violate Confrontation Clause because the informant’s nonhearsay statements were admitted for limited purpose of providing context for defendant’s statements and admissions), cert. denied, 493 U.S. 1092 , 110 S.Ct. 1165 , 107 L.Ed.2d 1068 (1990); United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988) (concluding admission of recorded conversation between defendant and third party did not violate Confronta…
discussed Cited as authority (rule) United States v. Randall Clark Byrom, Heriberto Rene Perez
11th Cir. · 1990 · confidence medium
Other circuits which have allowed the admission of such statements have done so for the purpose of putting the responses in context and making them intelligible to the jury and recognizable as adoptive admissions. 13 See, e.g., United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Lemonakis, 485 F.2d 941, 948-49 (D.C.Cir.1973), cert. denied, 415 U.S. 989 , 94 S.Ct. 1587 , 39 L.Ed.2d 885 (1974).
discussed Cited as authority (rule) United States v. Nava-Salazar
N.D. Ill. · 1990 · confidence medium
See Rollins, 862 F.2d at 1296-97 ; United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Finley, 708 F.Supp. 906, 910 (N.D.Ill.1989). 3 It will be incumbent on defendants to submit to the Court a proposed limiting instruction should they desire one to be read to the jury before the introduction of this evidence.
discussed Cited as authority (rule) United States v. Wallace Davis, Jr.
7th Cir. · 1989 · confidence medium
United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Jordan, 810 F.2d 262, 264 (D.C.Cir.), cert. denied, 481 U.S. 1032 , 107 S.Ct. 1963 , 95 L.Ed.2d 535 (1987); United States v. Price, 792 F.2d 994, 996-97 (11th Cir.1986); United States v. Whitman, 771 F.2d 1348, 1352 (9th Cir.1985).
discussed Cited as authority (rule) United States v. Finley
N.D. Ill. · 1989 · confidence medium
Rather, the government submits that Burnett’s statements are admissible as “reciprocal and integrated utterance(s) between the two parties for the limited purpose of putting the responses of the [defendants] in context and making them intelligible to the jury and recognizable as admissions.” United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988) (citations omitted).
discussed Cited as authority (rule) United States v. Michael R. Bennett, William G. Bennett, Anastasio Cervantes, Eydler Castellano, Maximo Hildo Feijo-Garcia (2×)
11th Cir. · 1988 · confidence medium
See Cruz v. New York, --- U.S. ----, 107 S.Ct. 1714, 1719 , 95 L.Ed.2d 162 (1987); Schneble v. Florida, 405 U.S. 427, 430 , 92 S.Ct. 1056, 1058 , 31 L.Ed.2d 340 (1972); Harrington v. California, 395 U.S. 250, 254 , 89 S.Ct. 1726, 1728 , 23 L.Ed.2d 284 (1969); Petit, 841 F.2d at 1556-57 ; United States v. Gutierrez-Chavez, 842 F.2d 77, 80-81 (5th Cir.1988).
cited Cited "see" United States v. Robinson
5th Cir. · 2023 · signal: see · confidence high
See United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir. 1988).
discussed Cited "see" United States v. Maurice Brown
5th Cir. · 2013 · signal: see · confidence high
See United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988) (finding that recorded statements offered for a similar purpose “were not introduced to prove their truth, but rather to prove only that they were uttered”).
discussed Cited "see" United States v. Hoang
5th Cir. · 2008 · signal: see · confidence high
See United States v. Gutierrez-Chavez, 842 F.2d 77, 80 (5th Cir.1988) (“[E]ven if a statement is admitted in violation of the Bruton principle, the error may be harmless if the statement’s impact is insignificant in light of the weight of other evidence against the defendant.” (quotation and citation omitted)).
discussed Cited "see" United States v. Norbert E. Stelten
8th Cir. · 1989 · signal: see · confidence high
See United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Price, 792 F.2d 994, 996-97 (11th Cir.1986); United States v. Whitman, 771 F.2d 1348, 1351-52 (9th Cir.1985); United States v. Murray, 618 F.2d 892, 900 (2d Cir.1980).
discussed Cited "see, e.g." United States v. Gajo, Bogdan
7th Cir. · 2002 · signal: see also · confidence medium
See United States v. Davis, 890 F.2d 1373, 1380 (7th Cir. 1989); see also United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir. 1988) (statements on tape recording admissible "for the limited purpose of putting the responses of the appellant in context and making them ’intelligible to the jury and recognizable as admissions.’") (quoting United States v. Lemonakis, 485 F.2d 941, 948 (D.C.
discussed Cited "see, e.g." United States v. Bogdan Gajo
7th Cir. · 2002 · signal: see also · confidence medium
See United States v. Davis, 890 F.2d 1373, 1380 (7th Cir.1989); see also United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988) (statements on tape recording admissible “for the limited purpose of putting the responses of the appellant in context and making them ‘intelligible to the jury and recognizable as admissions.’ ”) (quoting United States v. Lemonakis, 485 F.2d 941, 948 (D.C.Cir.1973)); United States v. Price, 792 F.2d 994, 997 (11th Cir.1986) (statements admitted “to make understandable to the jury the statements made by” the defendant); United States v. Whitman,…
discussed Cited "see, e.g." United States v. Joseph Andrew Sadler
4th Cir. · 1995 · signal: see also · confidence medium
See Fed.R.Evid. 801(c); see also United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Price, 792 F.2d 994 (11th Cir.1986); United States v. Lemonakis, 485 F.2d 941 (D.C.Cir.1993).
discussed Cited "see, e.g." United States v. Elissa D. Anderson
4th Cir. · 1993 · signal: see also · confidence medium
See Fed.R.Evid. 801(c); see also United States v. GutierrezChavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Jordan, 810 F.2d 262, 264 (D.C.Cir.), cert. denied, 481 U.S. 1032 (1987). 8 We also find that the statements of her husband and coconspirator, Robert Anderson, were properly admitted into evidence as an exception to the prohibition against hearsay.
cited Cited "see, e.g." State v. Bernier
Vt. · 1991 · signal: see, e.g. · confidence medium
See, e.g., United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir. 1988); United States v. Jordan, 810 F.2d 262, 264 (D.C.
discussed Cited "see, e.g." United States v. Oscar Smith, Regina Smith and Gary King, Julia Thom
11th Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988); United States v. Lemonakis, 485 F.2d 941, 948-49 (D.C.Cir.1973), ce rt. denied, 415 U.S. 989 , 94 S.Ct. 1587 , 39 L.Ed.2d 885 (1974).
discussed Cited "see, e.g." Tony Hanif Lee v. Gary McCaughtry
7th Cir. · 1990 · signal: see also · confidence medium
See also United States v. Gutierrez-Chavez, 842 F.2d 77, 81 (5th Cir.1988) (statements on tape recording admissible "for the limited purpose of putting the responses of the appellant in context and making them ‘intelligible to the jury and recognizable as admissions' ”) (quoting United States v. Lemonakis, 485 F.2d 941, 948 (D.C.Cir.1973), cert. denied, 415 U.S. 989 , 94 S.Ct. 1586 , 39 L.Ed.2d 885 (1974)); United States v. Jordan, 810 F.2d 262, 264 (D.C.Cir.) (statements on tape recording not hearsay, because they were introduced to show context of appellant’s responses), cert. denied, …
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellant,
v.
Fernando GUTIERREZ-CHAVEZ, Defendant-Appellee
87-1522.
Court of Appeals for the Fifth Circuit.
May 3, 1988.
842 F.2d 77
Salvador C. Ramirez, Robert R. Harris, El Paso, Tex., for plaintiff-appellant., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., Shelley A. Longmuir, Deborah Watson, Atty., Crim. Div., Dept, of Justice, Washington, D.C., for defendant-appellee.
Garwood, Jones, Hittner.
Cited by 49 opinions  |  Published
EDITH H. JONES, Circuit Judge:

Defendant Fernando Gutierrez-Chavez (“Gutierrez”) appeals his conviction for conspiracy to import, and conspiracy to possess with intent to distribute, more than 50 kilos of marijuana in violation of 21 U.S.C. § 952(a) and § 841(a)(1). Gutierrez was tried together with two alleged coconspira-tors, one of whom had signed a confession incriminating Gutierrez and assisted police in taping a conversation between herself and Gutierrez. The confession and tape were admitted into evidence over Appellant’s objection and are the subject of this appeal. We affirm.

[*79] FACTS

On December 29, 1986, Kathleen Qua-gliato-Garcia (“Quagliato”) and a companion, Jacob Johnson, were arrested while attempting to enter the United States from Mexico after customs officers discovered approximately 350 pounds of marijuana in their camper-truck. While in custody, Qua-gliato gave DEA agents statements incriminating herself, as well as one José Aguilar and Gutierrez. Quagliato also agreed to make a telephone call to Gutierrez, who was staying in an El Paso motel, and allowed the DEA agents to tape the conversation. The relevant part of the tape-recording was transcribed as follows:

Quagliato: “Well, Don Jose was supposed to meet me in Guadalupe. Right?” Appellant: “You and Jose aren’t worth a damn.”
Quagliato: “Why?”
Appellant: “Because you do not do things the way it’s supposed to be done.
Look, go to Motel 6 and wait for us in the motel.”
Quagliato: “In Ontario?”
Appellant: “And don’t leave.”
Quagliato: “Okay, in Ontario, California.”
Appellant: “Huh? Huh?”
Quagliato: “Okay, do you have the number and everything?”
Appellant: “The number, wait, let me get it. Oh, it’s downstairs. Are you in a motel now or what?”
Quagliato: “No. I’m in a rest area.”
Appellant: “Ok, rest area?”
Quagliato: “Huh?”
Appellant: “Yeah.”
Appellant: “No, I don’t know the name of the street or where to get off. Oh man, how do we do this job?”
Quagliato: “Well, I’ll arrive first and then call you.”
Appellant: “But I want to leave in the morning.”
Quagliato: “Well, leave in the morning, and the first one in Ontario I’ll get off. Or why not the same one as the last time there in — What’s the name of it?”
Appellant: “It’s too far.”
Quagliato: “Oh, then the first 6 there in Ontario.”
Appellant: “Yes, it’s the only one (unintelligible).”
Quagliato: “Okay.”
Appellant: “And there, I’ll locate you.”
Quagliato: “Okay.”
Appellant: (Unintelligible of that name.)
Quagliato: “Okay, and what name are you using there in the motel?”
Appellant: “Fernando.”
Quagliato: “Well, the man and the cargo is real full and loaded, and it’s heavy.”
Appellant: “That, I don’t know.”
Quagliato: “Heh?”
Appellant: “That, I don’t know.”
Quagliato: “Look, I’m scared. I think someone has been following me. I’m not sure.”
Appellant: “Okay.”
Quagliato: “Okay.”
Appellant: “Are you in Arizona?”
Quagliato: “Uh, okay, I’ll call you later.”
Appellant: “Look.”
Quagliato: “Huh?”
Appellant: “Because I’m leaving from here very quickly.”
Quagliato: “Okay.”
Appellant: “Look, let’s see how I can find you, but do not cross over.”

After the conversation, DEA agents arrested Gutierrez, who was registered under an alias, at the motel. Gutierrez voluntarily told the arresting DEA agent that Quaglia-to’s truck was to go to a motel in Ontario, California.

Quagliato confessed in writing to being a courier or “mule” in this transaction and in four previous transactions with the same group of people.

Quagliato and Gutierrez were tried together. The government sought to admit the confession of Quagliato after redacting it to exclude Gutierrez’s name. Prior to trial, Gutierrez filed a motion to sever on Bruton grounds, claiming prejudice from admission of the confession. The district court denied the motion. At trial the redacted confession and the taped conversation between Quagliato and Gutierrez were[*80] admitted into evidence over Gutierrez’s objections. The district court gave a limiting instruction that the jury could consider the confession as evidence only against Qua-gliato. Upon his conviction, Gutierrez was sentenced to concurrent, five-year imprisonment terms. This appeal followed.

ANALYSIS

I. The Written Confession

The first issue raised by the parties is whether the admission of that part of Qua-gliato’s confession to which Appellant objected deprived the Appellant of his right to cross-examine an adverse witness contrary to the confrontation clause of the sixth amendment. Appellant objected to the portion of the confession in which Quagliato recited that after her arrest “she called (words deleted) at the Budget Inn, room number 306 in El Paso, and he told [me] to go to Ontario, California to the Motel Six, and call him or wait ’til he got there.”

The governing legal principles concerning admissibility of explicitly incriminating extrajudicial statements of a nontestifying codefendant at a joint trial are found in Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968) and its progeny. Last year the Supreme Court elaborated further on the Bruton rule in Richardson v. Marsh, — U.S. -, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987), and in Cruz v. New York, — U.S. -, 107 S.Ct. 1714, 95 L.Ed.2d 162 (1987).

We need not speculate here on whether the Bruton analysis in Richardson [1] was satisfied by the introduction of Quagliato’s confession, because, as Cruz v. New York reiterated, the erroneous admission of a confession does not necessarily warrant reversal. — U.S. at -, 107 S.Ct. at 1719. We stated in United States v. Basey, 816 F.2d 980, 1005 (5th Cir.1987), “even if a statement is admitted in violation of the Bruton principle, the error may be harmless if the statement’s impact is insignificant in light of the weight of other evidence against the defendant” (citing Schneble v. Florida, 405 U.S. 427, 92 S.Ct. 1056, 1059, 31 L.Ed.2d 340 (1972)). See also Cruz v. New York, — U.S. -, 107 S.Ct. 1714, 95 L.Ed.2d 162 (1987). We find that other evidence introduced at trial implicating Gutierrez in the crimes charged was indeed substantial enough to render the admission of Quagliato’s statement harmless. Appellant asserts prejudice from the jury’s ready identification of Gutierrez as the individual Quagliato telephoned at the El Paso Budget Inn Motel, who instructed her to go to a motel in Ontario, California and wait for him there. However, these facts were also conclusively established by appellant’s own admissions to the DEA and in the taped conversation between Quagliato and Gutierrez. The Quagliato confession, if the jury disregarded the Court’s instructions and considered it against Gutierrez, was simply redundant of the evidence against him.

Gutierrez also asserts that the Bruton problem entitled him to a severance of trial from Quagliato. A district court’s denial of the motion for severance is reviewed under the abuse of discretion standard, and denial of a motion will be reversed only upon a showing of compelling prejudice. Basey, 816 F.2d at 1004. A Bruton violation may, but does not necessarily, constitute compelling prejudice. Id. In analyzing this issue we do not confront the limited objection raised by appellant to the actual admission of Quagliato’s confession. So analyzed, and before its redaction, the incriminating nature of the confession more closely approximates a Bruton violation, described by Richardson as “specific testimony that ‘the defendant helped me commit the crime ... ’” — U.S. at -, 107 S.Ct. at 1707. Nevertheless, the trial[*81] court ordered, and got, a redacted confession that at least did not mention Gutierrez's name in order to defuse the Bruton issue. The redaction may not have been ideal. We do not however, for the reasons stated in the harmless error analysis, find an abuse of discretion or compelling prejudice in the court’s denial of severance.

II. Admissibility of the Recorded Conversation

Appellant next asserts that the introduction of Quagliato’s portion of their recorded conversation was inadmissible hearsay and its admission into evidence contravened his sixth amendment right to confrontation. He does not challenge the introduction of his part of the conversation, which was admitted as a party admission pursuant to Federal Rule of Evidence 801(d)(2)(A).

Appellant correctly observes that, because the recorded conversation took place after Quagliato’s arrest, her statements were not those of a coconspirator admissible under Federal Rule of Evidence 801(d)(2)(E). [2] However, the Quagliato statements are admissible at least as “reciprocal and integrated utteranee(s)” between the two parties, U.S. v. Metcalf, 430 F.2d 1197, 1199 (8th Cir.1970), for the limited purpose of putting the responses of the appellant in context and making them “intelligible to the jury and recognizable as admissions.” U.S. v. Lemonakis, 485 F.2d 941, 948 (D.C.Cir.1973), cert. denied, 415 U.S. 989, 94 S.Ct. 1586, 39 L.Ed.2d 885 (1974). This evidentiary rule concerning tape-recorded conversations between a defendant and a third-party informant or co-defendant has been adopted by other circuits confronted with the question. See also United States v. Jordan, 810 F.2d 262, 264 (D.C.Cir.), cert. denied, — U.S. -, 107 S.Ct. 1963, 96 L.Ed.2d 535 (1987); United States v. Price, 792 F.2d 994, 996-97 (11th Cir.1986); United States v. Whitman, 771 F.2d 1348, 1352 (9th Cir.1985). Quagliato’s statements, then, were not introduced to prove their truth, but rather to prove only that they were uttered. They are to this extent not hearsay, as defined by Federal Rule of Evidence 801(c). See also FED.R.EVID. 801(c) Advisory Committee’s Note.

The reasoning of Lemonakis, moreover, with which we also concur, rejects appellant’s confrontation clause argument:

The only incriminating statements of the informant to be taken as true are those which, in the judgment of the jury, were adopted by appellant, and while that does make the informant’s statements hearsay evidence, their adoption by the appellant brings them within a long-recognized hearsay exception, (footnote omitted) [See FED.R.EVID. 801(d)(2).] Sparf v. United States, 156 U.S. 51, 56, 15 S.Ct. 273 [275], 39 L.Ed. 343 (1895). Insofar as hearsay considerations do operate here, we cannot say that the exclusionary principles embodied in the Confrontation Clause nullify the well-established reasons for making such admissions exceptions to the hearsay rule. Dutton v. Evans, 400 U.S. 74, 91 S.Ct. 210, 27 L.Ed.2d 213 (1970); California v. Green, 399 U.S. 149, 90 S.Ct. 1930, 26 L.Ed.2d 489 (1970).

485 F.2d at 949.

Admission of the tape recording was not erroneous. See also United States v. Jones, 839 F.2d 1041, 1051-1052 (5th Cir.1988) (admission of tape recorded conversations between arrested, cooperating defendant and unarrested coconspirators approved).

III. Sufficiency of the Evidence

Appellant challenges the sufficiency of the evidence to sustain his conspiracy convictions. To respond, we “view the evidence in the light most favorable to the jury verdict, and then determine whether a reasonable trier of fact could find that the evidence establishes guilt beyond a reasonable doubt.” Basey, 816 F.2d at 1001.

[*82] Appellant s responses in his conversation with Quagliato and his statement to police following his arrest provided ample evidence of his active involvement in the drug smuggling conspiracy. Gutierrez expressed irritation when informed that Quagliato had not met Aguilar (a coconspirator) in Guadalajara as planned. He then instructed her to drive to a specified location which he indicated was different from the destination she had been assigned in the past. The jury could readily deduce that Quagliato and Gutierrez had an ongoing business relationship in which Gutierrez was Quagliato’s superior. The jury could also infer from Gutierrez’s acknowledgement of Quagliato’s fear of being followed that he was aware of the illegal nature of the cargo she was transporting. [3] We therefore find that a reasonable jury could conclude that Gutierrez knew of, and participated in, the activities of the other conspirators based upon the conversation between Gutierrez and Quagliato and Gutierrez’s statement when arrested.

The judgment of conviction is AFFIRMED.

1

. Richardson, undertaking to resolve a split among the circuits, rejected the contention that mere "contextual linkage” between a codefend-ant’s statement and the complaining defendant’s criminal participation is alone sufficient to violate Bruton. Richardson declined to opine on the admissibility of a confession "in which the defendant's name has been replaced with a symbol or neutral pronoun.” — U.S. at -, n. 5, 107 S.Ct. at 1709, n. 5. The opinion also states, however, that "the [Bruton ] calculus changes when confessions that do not name the defendant are at issue.” — U.S. at -, 107 S.Ct. 1709.

2

. Federal Rule of Evidence 801(d)(2)(E) provides as follows: "[a statement is not hearsay if the statement is offered against a party and is) a statement by a co-conspirator of a party during the course of and in furtherance of the conspiracy." See general discussion in United States v. Ascarrunz, 838 F.2d 759 (5th Cir.1988.)

3

. Appellant suggests that his ignorance of the conspiracy was demonstrated by his statement "That, I don’t know” given in response to Qua-gliato's statement concerning the heaviness of the cargo. However, we find this statement to be ambiguous and susceptible to interpretation by a reasonable jury merely as an indication that appellant was unaware of how much marijuana Quagliato had brought into the country.