UNITED STATES v. DRAINE

No. 20-6118.

26 F.4th 1178 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Tiahmo Lenell DRAINE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed March 1, 2022.


Attorney(s) appearing for the Case

Adam Mueller , Haddon, Morgan and Foreman, P.C., Denver, Colorado for Defendant-Appellant.

Ashley L. Altshuler , Assistant United States Attorney ( Robert J. Troester , Acting United States Attorney, with him on the brief), Oklahoma City, Oklahoma for Plaintiff-Appellee.

Before MATHESON, PHILLIPS, and MORITZ, Circuit Judges.


A jury convicted Tiahmo Lenell Draine of possession with intent to distribute heroin, possession of a firearm as a felon, and possession of a firearm in furtherance of a drug trafficking crime. On appeal, he argues that the district court

(A) plainly erred, in violation of Federal Rules of Evidence 701 and 702,...

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