United States v. Xie

── United States v. Xie ── Case No.: 25-6034 Court: Court of Appeals for the Tenth Circuit Date: March 31, 2026 Category: General Appellate Case: 25-6034 Document: 49-1 Date Filed: 03/31/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT March 31, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 25-6034 (D.C. No. 5:23-CR-00278-HE-7) FEI XIE, (W.D. Okla.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before HOLMES, Chief Judge, KELLY, and FEDERICO, Circuit Judges. ** _________________________________ In August 2024, a jury found Defendant-Appellant Fei Xie guilty of one count of drug conspiracy in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A). I Aplee. Supp. App. 29–30. Mr. Xie now appeals from (1) the admission of testimony by a government witness, which he claims was improper overview testimony; (2) the admission of an organizational chart, which he claims was improperly admitted under Federal Rules of Evidence 611 and 1006; and (3) the district court’s application of * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. After examining the briefs and appellate record, this panel has determined ** unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument.  Appellate Case: 25-6034 Document: 49-1 Date Filed: 03/31/2026 Page: 2 the organizer/leader enhancement at sentencing. Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we affirm. Background The parties are familiar with the facts, so we need not restate them at length here. Suffice it to say that, from at least 2019 to 2023, Mr. Xie was part of a drug trafficking organization that engaged in the cultivation, brokerage, and distribution of black-market marijuana across the country (the “Lin DTO”). See II Aplee. Supp. App. 6–10. Naigang Lin (Naigang) directed the operation, with Mr. Xie serving as Naigang’s business partner, financing grow operations and maintaining stash houses. Id. at 6, 9. The government indicted Mr. Xie and other members. Id. at 4–5. While Naigang and others pled guilty, Mr. Xie and another defendant proceeded to trial. Id. The government’s first witness was Homeland Security Investigations (HSI) Special Agent (SA) Josh Reinsch, the lead case agent investigating the Lin DTO. I Aplt. App. 31, 33. SA Reinsch provided extensive testimony as to Mr. Xie’s involvement in the Lin DTO based on surveillance, public and financial records, the execution of search warrants, and the inspection of electronic devices. See id. at 42–98. He testified, inter alia, that he saw Mr. Xie at grow and stash houses utilized by the Lin DTO, id. at 42–52, 65–68, that Mr. Xie had ownership in Lin DTO properties and was involved in the purchase and sale of properties used for its operations, id. at 67–70, 77–80, 93