United States of America, Plaintiff-appellee, v. Juan Arteaga-godinez, Defendant-appellant, 25 F.3d 1058 (10th Cir. 1994)

The parties have agreed that this case may be submitted for decision on the briefs. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.2. The case is therefore ordered submitted without oral argument.

Defendant appeals his conviction for possession with intent to distribute more than fifty grams of marijuana, alleging two counts of reversible error. First, Defendant contends that the district court abused its discretion in denying his motion for a mistrial. Defendant argues that the district court should have granted his motion for a mistrial because the court incorrectly admitted testimony from a police officer indicating that Defendant had made a statement during the investigation that the police officer interpreted as "arrogant." Even if Defendant is correct that the prejudicial effect of this testimony outweighed its probative value, the admission of this testimony was undoubtedly harmless error in light of all the other evidence. Next, Defendant contends that the district court erred in refusing to grant a downward adjustment for being a "minor participant." The only probative evidence indicating that Defendant was a mere courier in the operation was Defendant's own testimony. Apparently disbelieving Defendant's testimony, the district court found that Defendant was a "full participant." This finding was not clearly erroneous.

AFFIRMED.