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U.S. v. KINCHEN

No. 12-30340.

729 F.3d 466 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Joshua Jermaine KINCHEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 5, 2013.

Attorney(s) appearing for the Case

Helina S. Dayries , Assistant U.S. Attorney, Robert William Piedrahita, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Middle District of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee.

Gwendolyn Kay Brown , Attorney, Parish Attorney's Office, Baton Rouge, LA, for Defendant-Appellant.

Before GARZA, SOUTHWICK, and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

A jury found Defendant Joshua Jermaine Kinchen ("Joshua") guilty of knowingly distributing at least 50 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). Joshua appeals, contending (1) the district court abused its discretion in admitting evidence of a prior possession of a distributable amount of cocaine and his statement during that prior arrest that the only way he knew how to earn a living to support his family was selling...

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