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United States of America v. Reginald Jean-Guerrier

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Submitted: January 10, 2012

Before MURPHY, BYE, and COLLOTON, Circuit Judges.

Reginald Jean-Guerrier was convicted by a jury of possessing over 100 kilograms of marijuana with intent to distribute. While testifying at trial, Jean-Guerrier spoke with a pronounced Haitian accent. Afterward the district court*fn1 permitted rebuttal testimony from a court security officer who had heard Jean-Guerrier speaking on the phone during trial recesses in unaccented English. Testimony was also allowed about prior instances in which the defendant, his co-defendant, and their acquaintances had transported marijuana. Jean-Guerrier appeals, contending that the district court erred in admitting this evidence and that he should be granted a new trial. We affirm.

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