United States v. Toombs

LUCERO, Circuit Judge.

In 2008, a jury found Mario Toombs guilty on seven counts of drug and firearm felony offenses. On appeal, we reversed and remanded his case for violations of the Speedy Trial Act. United States v. Toombs, 574 F.3d 1262, 1273-74 (10th Cir.2009). After the district court dismissed Toombs’ indictment without prejudice, the government filed a new indictment and a jury subsequently found Toombs guilty of six charges.

On appeal, Toombs contends that the district court abused its discretion by admitting the entirety of his testimony from the first trial into evidence at his…