United States v. Gerardo Sandoval

OPINION

GREENAWAY, JR., Circuit Judge.

Appellant Gerardo Sandoval (“Sandoval”) and two co-defendants were indicted on two charges related to the distribution of marijuana. On the second day of Sandoval’s trial, after the testimony of two Drug Enforcement Administration (“DEA”) agents containing prejudicial information, arguably hearsay, Sandoval sought and was granted a mistrial. Subsequently, on retrial, the jury convicted him on both counts. The District Court sentenced Sandoval to ninety-seven months of imprisonment and four years of supervised release. He filed a timely appeal and now…