United States v. Toombs, No. 11-3271 (10th Cir. 2013)
Annotate this CaseIn 2008, a jury found Defendant Marlo Toombs guilty on seven counts of drug and firearm felony offenses. On appeal, the Tenth Circuit reversed and remanded his case for violations of the Speedy Trial Act. After the district court dismissed Defendant's indictment without prejudice, the government filed a new indictment and a jury subsequently found Defendant guilty of six charges. On appeal, Defendant contended that the district court abused its discretion by admitting the entirety of his testimony from the first trial into evidence at his second trial and by dismissing his first indictment without prejudice. Upon review, the Tenth Circuit concluded that the district court erred in admitting Defendant's testimony without first ruling on discrete admissibility objections under the Federal Rules of Evidence. However, in the context of the entire record, the Court found the error was harmless. Furthermore, the Court concluded that the dismissal without prejudice was not an abuse of discretion.
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