United States v. Jesus Felix-Rodriguez

Opinion by Judge T.G. NELSON.

I

OVERVIEW

Jesus Felix-Rodriguez (Felix) appeals his jury conviction for conspiracy to distribute cocaine (Count One) in violation of 21 U.S.C. § 846 ; distribution of cocaine base (Counts Two-Five), and possession of cocaine base with intent to distribute (Count Six), all in violation of 21 U.S.C. § 841 . We must determine whether the replay of a tape-recorded conversation during jury deliberations placed undue emphasis on that evidence and whether Felix’s absence from the proceeding constituted harmless error. We find that the replay did not unduly emphasize the evidence. Although we conclude that the district court erred in conducting the replay without the defendant present, the error was harmless beyond a reasonable doubt. Accordingly, we affirm.

II

BACKGROUND

This case arises from multiple distributions of cocaine from late 1991 through early 1992. The cast of characters in this cocaine conspiracy included Felix, John Applewhite (John), his sister Roslynd Applewhite (Ros-lynd), and Orlando Gripper (O.G.). In early 1990, John and Felix became friends while both were serving prison terms for cocaine offenses in state prison at Jamestown,…