United States v. Hernandez ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-51308
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
CESAR AGUSTO HERNANDEZ
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-00-CR-59-ALL-JN
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August 10, 2001
Before KING, Chief Judge, and JONES and STEWART, Circuit Judges.
PER CURIAM:*
Cesar Agusto Hernandez appeals his conviction and sentence
for possession with intent to distribute cocaine base in
violation of 21 U.S.C. § 841(a)(1). He argues the district court
erred by admitting a police officer’s testimony about information
he received from an informant. He argues the testimony was
inadmissable hearsay, that it was not relevant, and that it was
unduly prejudicial. We review a district court’s evidentiary
rulings for abuse of discretion. United States v. Torres, 114
F.3d 520, 526 (5th Cir. 1997).
*
Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR.
R. 47.5.4.
No. 00-51308
-2-
We conclude that the challenged testimony was offered to
explain the officer’s actions in investigating Hernandez and was
not offered for the truth of the matter asserted. See Fed. R.
Evid. R. 801. The prosecution is entitled to give the jury
background information on why the officers acted in investigating
a possible crime. See United States v. Carrillo, 20 F.3d 617,
620 (5th Cir. 1994).
Moreover, after reviewing the evidence as a whole, we are
persuaded that the challenged testimony was not prejudicial and
that even if it were prejudicial, there is not a significant
possibility that it had a substantial impact on the jury verdict.
See United States v. Rodriguez, 524 F.2d 485, 487 (5th Cir.
1975).
AFFIRMED.