Arevalo’s wife. He will testify that Mindy told him that Arevalo had asked her to tell him to tell Castillo and Jacobo to get out of town because they were wanted by law enforcement. He will also testify that in mid-June of 1999, Mindy told Gonzales that Arevalo wanted Gonzales to get rid of “the things” which Gonzales understood to mean the guns. She also told him that an associate of the City Terrace gang known as “Clarence” was in possession of the guns. The statements to get out of town and to get the guns are instructions. Instructions cannot be either true or false. An instruction may contain an implied assertion but it is not itself an assertive statement and thus is not hearsay under Federal Rule of Evidence 801(a)(2). United States v. Zenni, 492 F.Supp. 464, 469 (E.D.Ky.1980) (<HOLDING>). The statements that Castillo and Jacobo are
holding that the rejection of the exculpatory hearsay testimony of a government witness was in error particularly in view that accusatory hearsay was admitted holding that the district court did not err in relying on hearsay evidence where the government offered reasons why its hearsay evidence had indicia of reliability and the court considered the reliability of the evidence in deciding the weight to give the hearsay evidence holding that an objection on hearsay grounds did not preserve for appeal an exception to the hearsay rule that was not specifically raised holding that betting instructions placed over the phone to a government agent are not hearsay holding that the employer was not the insurers agent