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U.S. v. MALPICA-GARCIA

No. 05-2728.

489 F.3d 393 (2007)

UNITED STATES, Appellee, v. Orlando MALPICA-GARCÍA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 6, 2007.

Attorney(s) appearing for the Case

Luis A. Guzmán Dupont, for appellant.

Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, was on brief for appellee.

Before LIPEZ, Circuit Judge, SELYA, Senior Circuit Judge, and DiCLERICO, Jr., District Judge.

DICLERICO, District Judge.

Following a six-day trial, Orlando Malpica-García was found guilty of conspiring to possess and distribute drugs and of conspiring to possess and use firearms in furtherance of drug trafficking. He appeals both convictions, arguing that the district court allowed hearsay testimony in violation of the Confrontation Clause of the Sixth Amendment and allowed testimony about his possession of a weapon that was not charged in the indictment...

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