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United States v. Harris

United States Court of Appeals for the Second Circuit
733 F.2d 994 (2d Cir. 1984)


Facts

Mahlon Steward, a government informant, posed as a heroin buyer and bought heroin from George Harris (defendant). The Drug Enforcement Agency (DEA) arrested Harris and charged him with conspiracy to distribute heroin and attempting to possess heroin with the intent to distribute. At trial, Harris sought to introduce testimony from his parole officer, Rafael Hernandez, and his former counsel, Ira Auslander. The testimony would in effect state that Harris had told both Hernandez and Auslander that Harris knew the government was trying to set him up, and that he had gone along with it merely because he was afraid of the consequences if he did not. The district judge excluded the testimony as hearsay. Harris was convicted. Harris appealed.

Rule of Law

Issue

Holding and Reasoning (Pratt, J.)

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