United States v. Garcia-Avila, No. 13-1313 (7th Cir. 2013)
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As part of an immunity agreement, a confidential informant agreed to pose as an individual looking to buy drugs and met with Quiroz, whom he had known for several years, and three other men: Mendez, Figueroa, and Garcia. The CI wore a wire and secretly recorded conversations about purchasing “ice,” a slang term for methamphetamine, and other drugs. Garcia was convicted of conspiracy to distribute and possess with intent to distribute methamphetamine and attempted distribution of methamphetamine, 21 U.S.C. 846 and 841(a)(1). The Seventh Circuit affirmed, rejecting arguments that the district court erred when it allowed expert testimony about the meaning of “code” phrases and admitted evidence of his prior ecstasy transactions and that the prosecution’s statement, “and he does those things” during rebuttal arguments unfairly prejudiced the jury.
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