IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-50454
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE MUNOZ-MONREAL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-94-CR-261-DB
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February 2, 1996
Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
Jose Munoz-Monreal appeals from his conviction for
conspiracy to possess with intent to distribute cocaine. He
argues that the district court abused its discretion by admitting
hearsay evidence and that the prosecutor improperly vouched for
the credibility of a government witness. Given the fact that
Munoz-Monreal first introduced the challenged hearsay testimony
upon his redirect examination of Agent Martinez, the district
court did not abuse its discretion by admitting the testimony.
*
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that this opinion should not be published and is not precedent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.
No. 95-50454
-2-
See United States v. Deisch, 20 F.3d 139, 154 (5th Cir. 1994).
In any event, any error from the admission of the testimony was
harmless. See United States v. Sanchez-Sotelo, 8 F.3d 202, 210
(5th Cir. 1993), cert. denied, 114 S. Ct. 1410 (1994). Further,
because the prosecutor's comment was "invited" by defense
counsel's implication that a government witness had violated the
terms of his plea agreement and "did no more than respond
substantially in order to `right the scale,'" reversal on this
issue is not warranted. See United States v. Arce, 997 F.2d
1123, 1130 (5th Cir. 1993).
AFFIRMED.