The right of confrontation guaranteed by the Confrontation Clause of the Sixth Amendment to the U.S. Constitution puts no constraints on the admissibility of nontestimonial hearsay statements; the federal constitutional right of confrontation does not apply to such statements.

Fed. R. Evid. 801(d)(2)(E) (quote the relevant portion of the Rule).The co-conspirator exemption from the hearsay rule applies only if the trial court concludes that a preponderance of of the evidence shows that the statement of the alleged co-conspirator was made during the conspiracy rather than before or after the conspiracy.

United States v. Serrano, 434 F.3d 1003, 1005 (7th Cir. 2006) (upholding trial court's admission of the insurance documents as non-hearsay evidence because "the documents [were] not introduced for the truth....If a statement is assertive -- that is, if the declarant's statement does assert that some matter is true -- the statement is nevertheless non-hearsay if the statement is offered to prove that some matter other than the asserted matter is true.

United States v. Orellana-Blanco, 294 F.3d 1143, 1149 (9th Cir. 2002) (reversing conviction for marriage fraud and making a false statement on an immigration document because the trial court erroneously admitted a report made by....An exception to the hearsay rule applies to the following records of government offices and agencies: (A) public records that set forth the activities of the government office or agency; (B) public records that set forth observations that a government office or agency was required to make and report but this exception does not apply in criminal cases to observations of police officers and other law enforcement personnel; or (C) in civil actions and proceedings and in criminal cases when offered against the government, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate the untrustworthiness of such findings.