U.S. v Vargas

In prosecution on attempted drug distribution charge, Dist. Ct. erred in allowing confidential informant to testify that he had been instructed to get close to defendant because of possible cocaine trafficking where said evidence was not direct evidence of charged offense, and where said testimony constituted unfair evidence of prior bad acts suggesting propensity to commit charged offense. Error, though, was harmless given strength of other evidence, which consisted of numerous recorded conversations of defendant planning drug deal, as well as defendant's presence at scene of drug buy with money to purchase said drugs. Also, Dist. Ct. did not err in denying defendant's request to admit portion of arrest video in which defendant claimed that $45,000 found on his person was intended to purchase truck. Ct. rejected defendant's contention that said statement was admissible under rule of completeness or as either excited-utterance or state-of-mind hearsay exceptions.