Case Involving Selling Drugs to An Undercover D.E.A. Agent

In United States v. McClure, 546 F.2d 670 (5th Cir. 1977), the defendant was convicted of selling heroin to an undercover D.E.A. agent. An individual named Carroll worked for the D.E.A. agent as a confidential drug informant. The defendant in McClure argued that he sold the heroin to the D.E.A. agent because he was afraid of Carroll and of what Carroll would do to him if he did not go through with the sale. The defendant sought to admit evidence "from three individuals that Carroll had coerced them into selling heroin and had carried a gun in the time frame just after the sales by" the defendant. Id. at 672. The trial court excluded the proffered testimony over the defendant's objection that the evidence was relevant to prove his "lack of intent and to impeach Carroll." Id. The basis for the exclusion was that the events referred to in the proffer occurred subsequent to the sales made by appellant." Id.