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United States v. Carrillo

United States Court of Appeals for the Fifth Circuit
981 F.2d 772 (5th Cir. 1993)


Carrillo (defendant) was charged with distribution of heroin and cocaine based on an undercover officer’s testimony that he bought the drugs from Carrillo. The officer testified that he bought narcotics from Carrillo on a particular street in San Antonio and that the narcotics were in a balloon. Carrillo defended himself on the grounds that the officer mistook his identity as he was actually a few blocks away. In order to prove that the officer had the right person, the prosecution presented the testimony of two other officers who claimed that they witnessed Carrillo selling drugs on two other occasions. As a result, Carrillo was convicted. He appealed on the grounds that the testimony of the other officers was inadmissible because they were improperly testifying to other, previous acts of Carrillo to show conformity to those acts in the present case.

Rule of Law


Holding and Reasoning (DeMoss, J.)

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