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UNITED STATES v. ANDASOLA

No. 19-1482.

13 F.4th 1011 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Burciaga ANDASOLA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED September 13, 2021.

Attorney(s) appearing for the Case

Jacob Rasch-Chabot , Assistant Federal Public Defender ( Virginia L. Grady , Federal Public Defender, with him on the briefs), Denver, Colorado, for Defendant-Appellant.

J. Bishop Grewell , Assistant United States Attorney ( Jason R. Dunn , United States Attorney, with him on the brief), Denver, Colorado, for Plaintiff-Appellee.

Before MATHESON, MURPHY, and MORITZ, Circuit Judges.

Jose Burciaga-Andasola appeals his convictions for distributing methamphetamine and heroin, arguing that the district court violated Federal Rule of Evidence 605 by improperly testifying as a witness during his jury trial. We agree that the district court erred. But because the government has established that the error was...

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