U.S. v. Thomas

Dist. Ct. did not commit plain error in admitting dual-role testimony of federal agent in defendant’s trial on charge of possession of firearm in connection with drug trafficking crime. Although Dist. Ct. failed to follow correct procedures for admitting testimony of agent, who testified as fact witness and gave opinion regarding connection between guns and drugs found in glove compartment of defendant’s car, said error was not plain, where: (1) record contained evidence of agent’s extensive background in investigating firearms and drug trafficking crimes to support his opinion; and (2) govt. had other evidence to show that defendant was using firearms found in his car to facilitate his drug dealing. Also, while Dist. Ct. erred in giving jury instruction that failed to define possession of firearm “in furtherance of” drug offense that was element of charged offense, said error did not compromise defendant’s substantial rights, where: (1) “in furtherance of” has plain meaning; and (2) record contained strong evidence of defendant’s guilt, where jury heard unmistakable evidence showing connection between guns recovered from car and drugs that he had planned to deliver to govt. informant.