U.S. v. GRACIA

No. 07-40245.

522 F.3d 597 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Apolinar GRACIA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 31, 2008.


Attorney(s) appearing for the Case

Peter Rodney Mason (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, Mark Michael Dowd, Brownsville, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Sarah Beth Landau (argued), Houston, TX, for Gracia.

Before WIENER, BARKSDALE, and OWEN, Circuit Judges.


WIENER, Circuit Judge:

Defendant-Appellant Apolinar Gracia, Jr. traveled across the border bridge between Matamoros and Brownsville as a passenger in a car driven by an older female friend. The car contained approximately fifty kilograms of cocaine hidden in a false floor. A jury convicted Gracia on four related drug counts. Convinced that, during rebuttal closing argument, the government improperly bolstered its key witnesses, the agents who heard Gracia's unrecorded...

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