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U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé)

"Although the statements of the cardholders do not qualify as business records, both the written affidavits and the oral statements made to the bank personnel are admissible under the residual exceptions to the hearsay rule, Fed. R. Evid. 803(24) and 803(b)(5). The residual exceptions authorize the admission of hearsay statements ...

 

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