U.S. v. CARRILLO

No. 92-5530.

981 F.2d 772 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Augustin Mora CARRILLO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 12, 1993.


Attorney(s) appearing for the Case

Adrienne Urrutia, Philip J. Lynch, Asst. Federal Public Defenders, Lucien B. Campbell, Federal Public Defender, San Antonio, TX, for defendant-appellant.

Bill Baumann, Richard L. Durbin, Jr., Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, TX, for plaintiff-appellee.

Before WISDOM, JOLLY, and DeMOSS, Circuit Judges.


DeMOSS, Circuit Judge:

A jury found the defendant guilty of distribution of heroin and cocaine based on an undercover officer's testimony that he purchased a narcotics-filled balloon from the defendant. At trial, the defendant's alibi was mistaken identity: he claimed that the police officer misidentified him as the seller. The district court allowed the government to present evidence of two other sales of controlled substances by the defendant as modus operandi to...

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