United States Tenth Circuit

A conviction for conspiring to traffic cocaine is affirmed where there was no abuse of discretion in denying a motion for a mistrial because an error in allowing an agent to testify to the presence of defendant's truck at the scene of two alleged drug exchanges, even though the agent's testimony was not based on personal information, was harmless beyond a reasonable doubt.

Appellate Information

• Decided 04/04/2007
• Published 04/05/2007

Judges

• TYMKOVICH, Circuit Judge., Before HENRY, SEYMOUR, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David A. Streubel, Kelley-Streubel LLC, Albuquerque, NM, for Defendant-Appellant., David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, and Laura Fashing, Assistant United States Attorney, with him on the brief), Office of the United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.