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United States v. Parry
United States Court of Appeals for the Fifth Circuit
649 F.2d 292 (1981)
Scott Parry (defendant) was charged with conspiring to deal illegal drugs. Robert Starratt and another undercover agent testified that Parry acted as a middleman in arranging three drug buys from dealers. Parry testified that he knew Starratt was an undercover agent from the outset and that there was an implied understanding that Parry was helping lead the agents to drug sources despite lacking a formal cooperation agreement. Parry testified to telling his mother that Starratt was a narcotics agent whom Parry was working with four months before his arrest. Parry called his mother as a witness to corroborate his story. With the jury removed from the courtroom, Parry’s mother testified that Parry received several phone calls and said the caller was Bob Starratt, a narcotics agent Parry was working with, and “not to worry.” The judge refused to admit that testimony to the jury. Parry objected, arguing the testimony was not hearsay. The judge nonetheless excluded the testimony. Parry was convicted and appealed.
Rule of Law
Holding and Reasoning (Morgan, J.)
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