No. 21-3327 ___________________________

United States of America

Plaintiff - Appellee

v.

Bryan Kimble

Defendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: June 17, 2022 Filed: No: November 22, 2022 ____________ Before LOKEN and KELLY, Circuit Judges, and MENENDEZ, 1 District Judge. ____________ MENENDEZ, District Judge.

Bryan Kimble was convicted of four counts related to the distribution of controlled substances in violation of 21 U.S.C. § 841(a)(1) and § 846. On appeal,

1 The Honorable Katherine M. Menendez, United States District Judge for the District of Minnesota, sitting by designation. he challenges three evidentiary rulings made by the district court 2 during his trial. For the reasons set forth below, we affirm.

I. Background

In 2019, following the receipt of information from a cooperating defendant, the Bureau of Alcohol, Tobacco and Firearms began investigating Bryan Kimble’s alleged involvement in the distribution of heroin, fentanyl, crack cocaine, and marijuana in the St. Louis area.

A. The Investigation

Special Agent Sean Becker (“SA Becker”) and other officers accessed various databases to corroborate the information the cooperator provided about Kimble. Officers obtained a booking photo of Kimble from an unrelated matter. In addition, SA Becker obtained a record of Kimble’s driver’s license from the Missouri Department of Revenue database. This document provided a home address, 5375 Wells Avenue, as well as a photograph of Kimble. SA Becker also viewed recent traffic citations Kimble received that listed the same address.

On October 10th, the cooperator met with SA Becker and set up a meeting with Kimble to purchase crack cocaine. The cooperator called Kimble using SA Becker’s phone and put the call on speakerphone so that SA Becker could listen. This phone call was recorded by SA Becker. During this call, Kimble told the cooperator to “go to my house,” which the cooperator had previously visited. The cooperator and SA Becker then drove to 5375 Wells Avenue. Kimble soon arrived at the Wells address and told the pair to “follow me.” SA Becker testified at trial that he was able to identify Kimble at that time because Kimble’s appearance matched both the driver’s license photograph and the booking photo he had reviewed. The voice of the person telling them to follow him was the same,

2 The Honorable Stephen R. Clark, United States District Judge for the Eastern District of Missouri. -2- according to SA Becker, as the voice he had heard minutes before on the phone instructing them to “go to my house.” Ultimately, the deal between SA Becker and Kimble did not go through on that day because Kimble spotted law enforcement vehicles in the area.

Later, SA Becker contacted Kimble directly, without the cooperator’s assistance, to get the deal back on track. They communicated through text messages and a phone call, using the phone number that the cooperator had provided. Kimble agreed to meet SA Becker the next day to sell him $250 worth of crack cocaine. When SA Becker arrived at the meeting place, Kimble pulled up in a car next to him. A woman in the passenger seat gave Becker the drugs and took the money. During a subsequent call that was also recorded, Kimble complained about only receiving $230, inste