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U.S. v. CHAVEZ

No. 05-2209.

481 F.3d 1274 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Louis J. CHAVEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 4, 2007.

Attorney(s) appearing for the Case

David A. Streubel, Kelley-Streubel LLC, Albuquerque, NM, for Defendant-Appellant.

David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, and Laura Fashing, Assistant United States Attorney, with him on the brief), Office of the United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Before HENRY, SEYMOUR, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

A jury convicted Gilbert Herrera and Louis John Chavez of conspiring to traffic cocaine. During the trial, and over the objections of Herrera and Chavez, the district court allowed a federal law enforcement agent to testify to the presence of Chavez's truck at the scene of two alleged drug exchanges. That portion of the agent's testimony was not based on personal information, but relied instead on information overheard from radio surveillance...

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