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United States v. Mitchell, 145 F.3d 572, 576 (3d Cir. 1998) (vacating judgment of conviction for conspiracy to commit and commission of Hobbs Act robbery, and use of and carrying a firearm during a crime of violence....Federal Rule of Evidence 803(1) and comparable State rules create a hearsay exception for a statement setting forth the declarant's perception of an event or condition at the time the declarant makes the statement or immediately thereafter.

Cf. United States v. Lawrence, 349 F.3d 109, 117 (3d Cir. 2003) (upholding trial court's exclusion into evidence of the victim's hospital bed identification of another suspect as a dying declaration because defendant failed....The hearsay exception for dying declarations applies only if the declarant believed that his or her own death was imminent when he or she made the statement.

United States v. Xheka, 704 F.2d 974, 986 (7th Cir. 1983) (upholding trial court's admission of tape of the conversation between a well-known arsonist and co-defendant as co-conspirator hearsay statements because the....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.