Whether the District Court and Eighth Circuit Court of Appeals erred in ruling that a statement made during a casual conversation between co-conspirators is admissible under FRE 801(d)(2)(E)

QUESTION PRESENTED FOR REVIEW Whether the District Court and Eighth Circuit Court of Appeals erred when it ruled that a statement made during a casual conversation between co-conspirators for the purpose of passing time while they are driving from one location to another during which one co-conspirator tells another co-conspirator some minimal information about a precious co-conspirator the statement is admissible under Federal Rule of Evidence (FRE) 801(d)(2)(E) as being made “during and in furtherance of the conspiracy” when there is no suggestion any action should be taken based upon the statement or that the information should be used for any particular purpose or in any particular way. Il