United States v. Casto

889 F.2d 562 (5th Cir. 1989)

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Nature of the Case

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Facts

D participated in two drug transactions involving undercover police officers. D received drugs for her participation in the two transactions. During trial P entered into evidence Exhibits Two, Three, Four, and Five. There were packages of methamphetamine sold to the undercover agents by Gutierrez. Shortly after Officer Martinez seized the packages, they were sealed and sent to a Drug Enforcement Agency laboratory in Dallas. Two months later the packages were tested by Medina, a forensic chemist at the lab. Medina found that the packages contained methamphetamine. He then sent the packages back to Martinez, who held custody of them until trial. During the period between the arrival of the packages at the laboratory and Medina's testing, the packages were kept in a vault where a technician had placed them upon their arrival at the laboratory. Martinez and Medina testified at trial as to their custody of the packages, but the technician did not testify. D objected to the admission and was overruled. D was convicted and appealed in part on that issue.