Summary of United States v. Hernandez, 750 F.2d 1256 (1985)
Facts: D was charged with selling cocaine and he claimed that the informant had lied to the police and D never intended to sell cocaine. During direct examination of an undercover officer, the prosecution asked whey they had started investigating D and the agent testified that they had received information from U.S. Customs indication that D was a drug smuggler.
Issue: Was this statement inadmissible hearsay?
Rationale: The referral was a statement other than one made by the undercover agent which testifying at trial, offered to prove the truth of the matter asserted (that D was a drug smuggler). Also, this evidence is not sufficient to show the state of mind of the undercover agent because that is irrelevant. Therefore, out-of-court statements offered to prove state of mind of a part must be relevant to the case in order to be admissible.