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U.S. v. HARRIS

No. 08-4026.

585 F.3d 394 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. David W. HARRIS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 2009.

Attorney(s) appearing for the Case

Gregory J. Haanstad, Attorney (argued), Michelle L. Jacobs, Attorney, Office of The United States Attorney, Milwaukee, WI, for Plaintiff.

Rodney Cubbie, Attorney, F. Neil Macdonald, Attorney, Stephen S. Neuman (argued), Skadden, Arps, Slate, Meagher & Flom, LLP, Chicago, IL, for Defendant.

Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.

FLAUM, Circuit Judge.

David Harris appeals his conviction for possession of cocaine with intent to distribute. Harris challenges the district court's decision to admit testimony against him under Fed.R.Evid. 801(d)(2)(E). He then argues that the principal witness for the prosecution was not credible; that the evidence appropriately presented at trial only established his proximity to the drugs, not his actual possession of them; and that said evidence was therefore...

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