Page:Samia v. United States.pdf/1

(Slip Opinion)

At trial, the Government’s theory of the case was that Hunter had hired Samia and Stillwell to pose as real-estate buyers and visit properties with Lee and that Samia, Stillwell, and Lee were in a van driven by Stillwell when Samia shot Lee. As part of the Government’s case in chief, a DEA agent testified that Stillwell had confessed to “a time when the other person he was with pulled the trigger on that woman in a van that he and Mr. Stillwell was driving.” (Emphasis added.) Other portions of the agent’s testimony recounting Stillwell’s confession used the “other person” descriptor to refer to someone with whom Stillwell had traveled and lived and who carried a particular firearm. Both before the agent’s testimony and again prior to deliberations, the District Court instructed the jury that the agent’s testimony about Stillwell’s confession was admissible only as to Stillwell and should not