192574P.pdf   08/19/2020  United States  v.  Thomas Overton
   U.S. Court of Appeals Case No:  19-2574
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Kelly, Author, with Erickson and Stras, Circuit Judges] 
   Criminal case - Criminal law. Allowing the investigating officer to 
   testify as both a lay witness and an expert on drug terminology is 
   permissible when the testimony is presented in a concise and 
   differentiated way so as to avoid any confusion, and the district court 
   did not err in denying defendant's motion in limine to preclude such 
   dual-role testimony; however,at trial the testimony was not presented in 
   such a manner as the officer went beyond the drug jargon to translate 
   ordinary English and provide opinions about the conversations; the error 
   was harmless because it did not have more than a slight influence on the 
   jury's verdict and was cumulative of other admissible evidence at trial; 
   evidence was sufficient to show defendant conspired to distribute at least 
   100 grams of heroin; no error in denying defendant's request for a 
   buyer-seller instruction; to the extent the prosecutor's closing arguments 
   strayed from the evidence, the error was not so obvious as to undermine 
   the fairness, integrity or public reputation of the judicial proceedings, 
   and a comment defendant contends disparaged his counsel did not rise to 
   level of plain error affecting substantial rights.