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U.S. v. McDONALD

No. 89-8011.

905 F.2d 871 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Harry Robert McDONALD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 28, 1990.

Attorney(s) appearing for the Case

Michael S. McDonald, Asst. Federal Public Defender, Lucien B. Campbell, Federal Public Defender, El Paso, Tex., for defendant-appellant.

Philip Police, Mrs. LeRoy M. Jahn, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GARZA, HIGGINBOTHAM, and DUHÉ, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Customs agents arrested McDonald at the border in El Paso, as he tried to cross from Juarez with 70 pounds of marijuana in the gas tank and back seat of his car. A jury convicted him of importation of marijuana and possession of marijuana with intent to distribute. We find error in the admission of evidence regarding McDonald's past drug use, the admission of hearsay testimony, and...

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