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UNITED STATES v. HERNANDEZ

No. 84-2218.

750 F.2d 1256 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Herminio HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 3, 1985.

Attorney(s) appearing for the Case

Haynes & Fullenweider, Jack B. Zimmermann, Clinard J. Hanby, Houston, Tex., for defendant-appellant.

Daniel K. Hedges, U.S. Atty., Susan L. Yarbrough, James R. Gough, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before GOLDBERG, RUBIN, and JOHNSON, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

We reverse the conviction of Herminio Hernandez on two counts relating to possession and distribution of cocaine because the prosecuting attorney elicited inadmissible testimony from a government witness, a Drug Enforcement Administration (DEA) special agent, that U.S. Customs had identified Hernandez as a drug smuggler, the district judge overruled an objection to the testimony, and the prosecutor, in her closing argument to the jury...

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