United States Fifth Circuit

Defendant's cocaine distribution conspiracy conviction is affirmed where: 1) because of the many similarities between the crime of conviction and the two previous drug runs by defendant, there was no error in the district court's determination that the evidence of the previous runs was relevant to establish how the conspiracy was structured and operated, and thus intrinsic; 2) certain testimony by an officer was offered to rehabilitate his assertion that defendant appeared deceptive during interrogation rather than for the truth of the assertion, and thus was not hearsay; and 3) given the amount of inculpatory evidence in the record, the jury was not irrational in finding defendant guilty of knowing, voluntary participation in the narcotics conspiracy.

Appellate Information

• Decided 12/24/2009
• Published 12/24/2009

Judges

• EMILIO M. GARZA, Circuit Judge:, Before JONES, Chief Judge, and GARZA and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Frank Lawrence Gatto (argued), Dallas, TX, for U.S., Margaret Loraine Schmucker (argued), Austin, TX, for Watkins.