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U.S. v. SMITH

Nos. 08-2345, 08-2366.

601 F.3d 530 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Henry SMITH (08-2345) and Brian Ronell Garrett (08-2366), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 7, 2010.

Attorney(s) appearing for the Case

ARGUED: Sidney Kraizman, Kraizman & Kraizman, Detroit, Michigan, John M. McManus, McManus Law, Birmingham, Michigan, for Appellants. Daniel R. Hurley, Assistant United States Attorney, Detroit, Michigan, for Appellees. ON BRIEF: Sidney Kraizman, Kraizman & Kraizman, Detroit, Michigan, John M. McManus, McManus Law, Birmingham, Michigan, for Appellants. Daniel R. Hurley, Assistant United States Attorney, Detroit, Michigan, for Appellees.

Before SILER and ROGERS, Circuit Judges; BELL, District Judge.

OPINION

ROGERS, Circuit Judge.

Benjamin Henry Smith and Brian Ronell Garrett were indicted for their involvement in a large drug conspiracy. Both defendants pled not guilty, proceeded to trial, and were convicted by a jury.

Smith argues on appeal that a former Internal Revenue Service agent's testimony resulted in reversible error in three ways. Smith argues that it was improper for the agent to mention that Smith had failed to file tax returns for...

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