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

Hernandez (D) was convicted of possession and distribution of cocaine. He was targeted for arrest by the DEA because he had been identified as a drug smuggler by U.S. Customs. When the agent who made the arrest testified, the prosecutor asked her how the DEA had heard of D, she stated that they had received a referral from Customs. The trial court admitted the testimony over D's objection. On appeal, the Government argued that the testimony was relevant to show the officer's state of mind.

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