United States v. Polidore, No. 09-40896 (5th Cir. 2012)
Annotate this CaseA jury found Defendant guilty of possessing crack cocaine with the intent to distribute it. On appeal, Defendant contended that reversible error occurred when portions of two 911 calls were admitted into evidence because the recordings contained testimonial hearsay that violated his Sixth Amendment right to be confronted with the witnesses against him. The Fifth Circuit Court of Appeals affirmed the conviction and sentence, holding (1) the admission of the 911 recordings did not violate Defendant's right to confrontation because the 911 caller's statements did not constitute testimonial hearsay; (2) the 911 caller's statements were admissible as present sentence impression under Fed. R. Evid. 803(1).
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