Highsmith

MEMORANDUM *

We have jurisdiction pursuant to 28 U. S.C. § 1291, and we affirm on all but one issue. That issue, which involves a sentence enhancement based upon the district court’s finding that Highsmith was in constructive possession of a firearm, is addressed in a published opinion. Because the parties are familiar with the facts, we do not recount them here.

*658 As to the sufficiency of the evidence, we conclude that the evidence presented more than sufficed to support a finding by any rational trier of fact that Highsmith aided and abetted Hurd’s distribution or his intended distribution of drugs and that Highsmith had constructive possession of the drugs. 1 As for the numerous alleged errors to which Highsmith points, we agree that two rulings of the district court were error, but conclude that the errors were harmless. The court allowed a question by the prosecutor that assumed a fact — that Highsmith had gone to someone’s house with John Hurd — not in evidence. The court allowed another, regarding Highsmith’s supposed interest in cutting out Hurd as a middleman, for which there was insufficient evidence at the time the question was asked as well. The overwhelming…