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UNITED STATES v. FUSCO

No. 84-1531 Summary Calendar.

748 F.2d 996 (1984)

UNITED STATES of America, Defendant-Appellee, v. Ambrose John FUSCO, Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 2, 1985.

Attorney(s) appearing for the Case

E.G. Morris, Austin, Tex., for plaintiff-appellant.

Edward C. Prado, U.S. Atty., Sidney Powell, Archie Carl Pierce, Asst. U.S. Attys., San Antonio, Tex., for defendant-appellee.

Before REAVLEY, POLITZ and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Ambrose John Fusco was convicted in a jury trial on one count of violating 21 U.S.C. § 963, conspiracy to import a controlled substance, marijuana, and on two counts of violating 21 U.S.C. § 843(b), use of a communicative device to facilitate the commission of a felony. Fusco complains on appeal that the trial court allowed a Drug Enforcement Administration agent, Don Stone, to testify to specific instances of the...

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