UNITED STATES v. BORCHARDT

No. 86-1194.

809 F.2d 1115 (1987)

UNITED STATES of America, Appellee, v. Ira Eugene BORCHARDT, Appellant.

United States Court of Appeals, Fifth Circuit.

February 3, 1987.


Attorney(s) appearing for the Case

Steve Orr, (court appointed), Austin, Tex., for appellant.

Thomas E. Booth, Dept. of Justice, Appellate Section, Crim.Div., Washington, D.C., Helen M. Eversberg, U.S. Atty., Sidney Powell, Asst. U.S. Atty., San Antonio, Tex., for appellee.

Before WISDOM, JOHNSON, and GARWOOD, Circuit Judges.


JOHNSON, Circuit Judge:

Ira Eugene Borchardt appeals from his conviction of possession of heroin by an inmate at a federal correctional facility, 18 U.S.C. § 1791(a)(2). To secure Borchardt's conviction, the Government relied on several packets of heroin Borchardt vomited during treatment for a heroin overdose. The Government also relied on testimony of the nurse who treated Borchardt. According to the nurse, Borchardt admitted that he might have ingested heroin...

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