The court of appeals affirmed in part and reversed in part a judgment of the district court and remanded. The court held that where admission of a codefendant’s hearsay statement that he accepted money from the defendant in exchange for stolen property violated her right to confrontation, the government did not carry its burden of showing the error was harmless.

Tuyet Nguyen, Sess Merke, and Robert Davies worked for Columbia Medical Systems, Inc. (CMS), with which they devised a scheme to fraudulently appropriate ultrasound probes manufactured by their former employer, ATL Philips Medical Systems.