Citations
- 165 F.3d 337
Full opinion text
BENAVIDES, Circuit Judge:
Manuela Vejar-Urias appeals from a conviction in the district court for importation of marijuana and for possession of marijuana with intent to distribute. Vejar argues on appeal that the district court violated her Sixth Amendment right to confront adverse witnesses by admitting hearsay testimony regarding her non-testifying co-defendant’s post-arrest statements. Although we agree that the district court erred by admitting evidence of the statements, we find that error harmless and AFFIRM Vejar’s conviction.
BACKGROUND
Vejar and her sister, Benita Torres, were arrested on April 11, 1997 at the Ysleta port of entry in El Paso, Texas. United States Customs Inspector George Hernandez became suspicious that the two women were attempting to distract him during routine questioning and inspection of the station wagon in which they were traveling. After Hernandez asked Vejar, who was driving, to open the tailgate, he noticed that the screws on a sidewall panel of the cargo area had been tampered with. Pulling back the panel, he observed several plastic-wrapped bundles. Hernandez asked Vejar if the station wagon was her car, and she replied that it was. A further search of the vehicle revealed 125 pounds of marijuana concealed above the ceiling panel and behind the interior walls on both sides of the cargo area.
Vejar and Torres were taken into custody and questioned separately regarding their trip to Mexico. Initially, both women claimed that they had taken a car owned by Torres to Mexico to have it repaired and that two men at the repair station, “Ruben” and “Chato,” ha