This section contains the nature of the case and procedural background.

At trial, P sought to prove that D and Kirven traveled to Africa in September 1990 and January 1991 and returned each time with heroin. Kirven pled guilty and testified for P. P presented the testimony of the U.S. Customs inspectors who arrested Kirven and D and of a chemist who analyzed a powder that the government asserted was the substance seized from Kirven. On the second trip, customs inspectors became suspicious of Kirven, who was traveling on a recently issued passport and appeared nervous. They detained Kirven and Grant. A patdown search of Kirven revealed the two packages, and the contents field-tested positive for heroin. The inspectors placed Kirven under arrest, and Kirven promptly implicated D. The inspectors searched D but found no contraband. Nonetheless, based on Kirven's statements, the inspectors arrested D. A P chemist testified that the packages contained 3007 grams of 45% pure heroin. The drugs themselves were never introduced into evidence. D was convicted and appealed.

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