United States Fifth Circuit

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US v. Rose, 08-10813

Defendant's drug and firearm possession convictions and sentence are affirmed where: 1) the district court erred by admitting a drug lab report that was a testimonial statement and thus hearsay, but this did not rise to the level of plain error; 2) a rational trier of fact was entitled to conclude that defendant possessed the handgun at issue "in furtherance" of a drug trafficking offense; 3) "aggravated robbery," as defined by section 29.03 of the Texas Penal Code, is a "serious violent felony" for purposes of the Sentencing Guidelines.

Appellate Information

  • Decided 11/09/2009
  • Published 11/09/2009

Judges

  • PER CURIAM:, Before KING, DAVIS and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Matthew Joseph Kacsmaryk (argued), Dallas, TX, Renee Harris Toliver, Fort Worth, TX, for U.S., Kevin Joel Page (argued) Fed. Pub. Def., Dallas, TX, for Rose.