United States v. Penaloza, No. 09-3549 (7th Cir. 2011)
Annotate this CaseDefendant drove from New Jersey to Illinois and met an undercover agent who loaded bags containing packages wrapped in tape into her car. On her return trip, DEA agents stopped defendant, questioned her about the bags, and seized them. Defendant was indicted for attempting to possess with intent to distribute over five kilograms of cocaine (21 U.S.C. 841(a)(1)). The undercover agent testified that the transaction developed out of an investigation into activities of a suspected broker for a Colombian drug-trafficking organization. An agent involved in the stop testified that defendant confessed that she understood the bags contained drugs. The Seventh Circuit affirmed. Testimony about investigation of the suspected broker was not hearsay; it was not offered for the truth of the matter asserted but to explain why the agent took the investigative steps that he did. In light of overwhelming evidence of guilt, the evidence was not prejudicial. The government did not introduce evidence that defendant was guilty of conspiracy in addition to or instead of attempt. Testimony about her confession was a routine and entirely permissible introduction of a non-hearsay admission by a party opponent.
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