United States v. Calderon

* Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-11064
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NELSON CALDERON,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:95-CR-097
- - - - - - - - - -
October 23, 1996
Before POLITZ, Chief Judge, and JOLLY AND HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Nelson Calderon appeals his convictions of conspiring to
possess with intent to distribute in excess of 100 grams of
methamphetamine and to possess with intent to distribute in
excess of 500 grams of cocaine; using a telephone to facilitate
the possession with intent to distribute cocaine and possession
with intent to distribute methamphetamine; possession with intent

-- 1 of 2 --

No. 95-11064
- 2 -
to distribute methamphetamine in excess of 100 grams; possession
with intent to distribute in excess of 500 grams of cocaine; and
using a person under 18 years of age to possess with intent to
distribute methamphetamine and cocaine. He argues that the
district court abused its discretion when it admitted Government
Exhibit 28 into evidence. We have reviewed the record and briefs
of the parties and hold that the admission of the document, even
if it was inadmissible, was harmless error because it was
cumulative of other testimony. See United States v. Allie, 978
F.2d 1401, 1408-09 (5th Cir. 1992), cert. denied, 113 S. Ct. 1662
(1993).
AFFIRMED.

-- 2 of 2 --