US v. Rose, No. 08-10813 - U.S. Fifth Circuit
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US v. Rose, No. 08-10813

Defendant's drug and firearm possession convictions and sentence are affirmed where: 1) the district court erred by admitting a drug lab report that was a testimonial statement and thus hearsay, but this did not rise to the level of plain error; 2) a rational trier of fact was entitled to conclude that defendant possessed the handgun at issue "in furtherance" of a drug trafficking offense; 3) "aggravated robbery," as defined by section 29.03 of the Texas Penal Code, is a "serious violent felony" for purposes of the Sentencing Guidelines.

Read US v. Rose, No. 08-10813

Appellate Information

Filed November 6, 2009

Judges

Per Curiam