No. 21-2827 ___________________________

United States of America

Plaintiff - Appellee

v.

Michael David Watley

Defendant - Appellant ____________

Appeal from United States District Court for the District of North Dakota ____________

Submitted: June 15, 2022 Filed: August 19, 2022 ____________ Before GRUENDER, BENTON, and GRASZ, Circuit Judges. ____________ GRASZ, Circuit Judge.

A jury convicted Michael Watley of two counts of distributing heroin in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). Before trial, Watley filed multiple motions in limine seeking to prevent the government from introducing certain evidence. Watley now appeals the district court’s 1 denial of two of those motions in limine. Watley also argues there was insufficient evidence to convict him of both offenses and that the district court abused its discretion in imposing a 10-year sentence. We affirm Watley’s conviction and sentence.

I. Background

Watley’s convictions were based on his alleged distribution of heroin to two individuals: Wendy Wentz and Payton Garter.2 Both Wentz and Garter knew Watley as “Kevin” or “Kev.” At trial, the government first identified Watley as Kevin through Tessa Fox. Fox testified she purchased oxycodone and heroin from someone named “Kevin,” who she identified in the courtroom as Watley. Fox testified she purchased from Watley approximately four times a week and, on occasion, met Watley at the Grand Theatre in Bismarck, North Dakota. The phone number Fox used to communicate with Watley matched the number Wentz and Garter used to communicate with Watley. The government then introduced evidence of specific instances where Watley distributed heroin to Wentz and Garter.

A. Count One: Distribution to Wentz

On January 12, 2020, Wentz’s son called emergency services after he found Wentz laying in her bathtub. Law enforcement arrived first on the scene and found Wentz without a pulse. An officer observed a syringe laying on the edge of the bathtub, prompting him to administer two rounds of Narcan 3 to Wentz. Paramedics then arrived on the scene and ultimately declared Wentz deceased.

1 The Honorable Daniel M. Traynor, United States District Judge for the District of North Dakota. 2 Payton Garter formerly went by Payton Cadotte. 3 Narcan, or naloxone (generic name), is a medication used to revive individuals who have overdosed on opioids. -2- Law enforcement began investigating to determine whether illegal substances contributed to Wentz’s death. Law enforcement obtained and executed a warrant to search Wentz’s home. During the search they found three small “bindles” of heroin, a small amount of methamphetamine, a baggie of marijuana, Clonazepam pills, and drug paraphernalia in Wentz’s bedroom. They also found Wentz’s cell phone and later extracted its contents.

At trial, the government introduced texts messages extracted from Wentz’s phone. Specifically, the government introduced text messages between Wentz and a contact named “Kevin.” As noted earlier, this number matched the number Fox and Garter used to communicate with Watley.

The extracted records showed Wentz and Watley texting on January 8, 2020. During the conversation, Wentz told Watley that she “want[s] to test it.” Wentz and Watley then arranged to meet at a cafe located next to a “work out place” at the Gateway Mall. About ten minutes afte