ORDER

W. LOUIS SANDS, District Judge.

The Government has submitted notice of its intent to introduce statements of Defendants' co-conspirators at trial. (Doc. 180.)

The Federal Rules of Evidence dictate that a "statement offered against an opposing party [that] was made by the party's coconspirator during and in furtherance of the conspiracy" is admissible as non-hearsay. Fed. R. Evid. 801(d)(2)(E). To introduce statements of coconspirators, "the government must establish by a preponderance of the evidence: (1) that a conspiracy existed, (2) that the defendant and the declarant were members of the conspiracy, and (3) that the statement was made during the course and in furtherance of the conspiracy." United States v. Schlei, 122 F.3d 944, 980 (11th Cir. 1997) (citing United States v. Van Hemelryck, 945 F.2d 1493, 1497-98 (11th Cir. 1991)).

The government must demonstrate, either in a pre-trial hearing or during the government's case-in-chief, "at least enough substantial, independent evidence of a conspiracy to take the issue to the jury, and that there is similarly substantial, independent evidence linking the defendant against whom the evidence is offered to the conspiracy." United States v. Gold, 743 F.2d 800, 813-14 (11th Cir. 1984) (citing United States v. James, 590 F.2d 575, 580-82 (5th Cir. 1979)). Before the jury retires to deliberate, the trial judge must make a factual determination that the prosecution has demonstrated the Schlei factors by a preponderance of the evidence. Id. at 814. If the government does not meet its burden under Schlei, the court may strike the evidence or give a cautionary instruction to the jury. Id. (citation omitted).

A pretrial hearing on the admissibility of co-conspirator statements is not mandatory. See United States v. Espino-Perez, 798 F.2d 439, 441 (11th Cir. 1986). In its Notice, the Government states that it will adequately demonstrate at trial the foundation required for introduction of co-conspirator statements. (Doc. 186 at 19.) The Court, therefore, will rule on the admissibility of co-conspirator statements at trial. Nothing herein relieves the Government of its affirmative duty to establish the legal and factual basis for the admission of any purported coconspirator statement.

SO ORDERED.