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United States v. Burnett

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Before Boudin, Hansen, *fn1 and Lipez, Circuit Judges.

Following a jury trial, Anthony Burnett was convicted of conspiring to distribute 50 or more grams of cocaine base (crack cocaine), 21 U.S.C. §§ 841(a)(1) & 846 (2006), possessing with the intent to distribute 50 or more grams of crack, 21 U.S.C. § 841(a)(1), possessing a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c), use of a firearm in relation to a drug trafficking crime, 18 U.S.C. § 924(c), and being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1). Based on Burnett’s stipulation to two prior felony drug offenses, Burnett received a mandatory life sentence, 21 U.S.C. §§ 841(b), and concurrent 60-month sentences on two of the gun charges, 18 U.S.C. § 924(c), to be served consecutively to the life sentence. On appeal, Burnett seeks a new trial based on two evidentiary rulings, one in which the district court allowed a Government witness to testify about seeing Burnett in possession of a small baggy containing a white substance without establishing that the substance was cocaine, and one in which the district court allowed another witness to testify about death threats Burnett made against the witness and her daughter. We affirm Burnett’s convictions.

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