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Peter J. Santiago, Jr v. Steven O'brien

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Before Boudin, Selya and Stahl, Circuit Judges.

BOUDIN, Circuit Judge. Peter J. Santiago, Jr., appeals from the denial of his petition for a writ of habeas corpus. At his state trial for trafficking cocaine, he was prevented from introducing hearsay testimony arguably favorable to his defense–namely, a friend’s claim that the drugs at issue belonged to the friend and not Santiago. He now seeks a writ of habeas corpus premised solely on this alleged violation of his Sixth Amendment right to present a defense.

On November 28, 1997, state and local police officers executed a warrant to search Santiago’s one-bedroom apartment in Sunderland, Massachusetts. Inside a closet in the bedroom, they found two caches of powder cocaine that together weighed more than a kilogram. The search also revealed various tools of the trade, including a digital scale (stored next to the drugs), approximately five hundred small plastic bags, several thousand dollars in cash, and a ledger containing an apparent record of transactions.

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