[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 18-12116

Non-Argument Calendar

________________________

D.C. Docket No. 4:17-cr-00048-MW-CAS-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

 versus

JAMILA TAKIYAH HUNTER, 

 Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Northern District of Florida

________________________

(December 21, 2018)

Before WILLIAM PRYOR, HULL and JULIE CARNES, Circuit Judges.

PER CURIAM: 

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After a jury trial, Jamila Hunter appeals her conviction for possession with 

intent to distribute alpha-Pyrrolidinopentiophenone (“alpha-PVP”). On appeal, 

Hunter argues that the district court abused its discretion in admitting evidence of 

Hunter’s post-arrest possession, use, and distribution of alpha-PVP and recordings 

of Hunter’s jail phone calls about past drug activities. After review, we affirm.

I. BACKGROUND FACTS

A. Alpha-PVP Importation Scheme

The trial evidence showed that Hunter became involved in a scheme to 

import alpha-PVP from China for distribution in Florida. The ringleader, Travis 

Glasco, purchased the alpha-PVP on the “dark web” using the crypto-currency 

Bitcoin, recruited others to rent mailboxes in Tallahassee, Florida and other nearby 

cities, and then had the packages of alpha-PVP shipped to those mailboxes. The 

renters provided their mailbox keys to Glasco so that he and others could retrieve 

the packages. To protect the importation scheme’s participants, the packages were 

sent to a name similar, but not identical, to the mailbox renter’s name. Then the

person picking up the package would write “return to sender” on it so that the 

person could deny any knowledge of the scheme if he or she was caught with the 

package. 

After successfully receiving a package, Glasco had others sell the alpha-PVP 

for him. In 2016, Glasco successfully purchased 20 one-kilogram packages for 

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$4,000 to $5,000 each, then sold each kilogram of alpha-PVP for approximately 

$100,000, and made almost $2,000,000 in total. 

Two of Glasco’s distributors were Tyrail Gallman and Charik James, both of 

whom knew Defendant Hunter. Gallman was Defendant Hunter’s drug supplier

and recruited Hunter to rent a mailbox for the importation scheme. On August 31, 

2016, Defendant Hunter opened a mailbox in her name at a UPS Store in 

Tallahassee, Florida. Hunter was paid with drugs for the use of her mailbox. After 

Gallman brought Glasco the key, Glasco had packages sent to Defendant Hunter’s 

mailbox. 

On September 30, 2016, Glasco picked up the first package of drugs from 

Hunter’s mailbox himself. At Gallman’s request, Glasco also took a food stamp 

card sent to Defendant Hunter at the mailbox address. Gallman planned to hold the 

food stamp card as collateral because Defendant Hunter owed him money. In 

response, Hunter instructed employees at the UPS Store that no one else was 

permitted to open her mailbox. Consequently, Glasco could not pick up future 

packages sent to Defendant Hunter’s mailbox. 

James, another of Glasco’s distributors, lived in the same motel as 

Defendant Hunter, and the two had daily interactions involving drugs. Hunter told 

James that Gallman was her drug supplier, that she and Gallman had picked up 

packages before, and that she knew when a package was coming to her mailbox 

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because she received an email notifying her that a package had arrived. James said 

Hunter initially believed the packages coming to her mailbox were for Gallman. 

After Defendant Hunter learned that the packages actually belonged to Glasco, she 

wanted to get closer to Glasco and tried to get his phone number. Glasco, 

however, did not like Hunter and told James not to give his phone number to her. 

When Hunter texted James repeatedly, Glasco told James to stop dealing with her. 

On October 22, 2016, a second package from China arrived in Defendant 

Hunter’s mailbox. On October 24, 2016, Glasco picked up Hunter and James at 

their motel and took them with him to pick the package up. Defendant Hunter 

went into the UPS store and brought the package out. Afterward, they returned to 

the motel, where Glasco gave portions of the alpha-PVP to James and Defendant 

Hunter. 

Later, James learned that Defendant Hunter planned to pick up Glasco’s next 

package and keep the drugs for herself. James told Glasco about Hunter’s plan, 

and Glasco said this third package did not contain drugs. James warned Hunter not 

to pick up the package and advised her it did not contain drugs, but Hunter picked 

the third package up anyway. When Defendant Hunter opened the package and 

found a cell phone jammer, she brought the opened package to James, who took it 

to Glasco. 

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On November 8, 2016, the final package from China, addressed to “Jamal 

Hunter,” was delivered to Hunter’s mailbox. Unbeknownst to Glasco and the other 

participants in his scheme, Customs and Border Protection officials had intercepted 

the package, which tested positive for alpha-PVP. Agents set up a controlled 

delivery and waited for the pick up. 

Glasco drove Defendant Hunter and James to the UPS store. In the parking 

lot, Glasco gave Hunter and James some alpha-PVP, which they used in the car. 

While Glasco waited in his car, James and Hunter entered a nearby sporting goods 

store and purchased some shoes for Hunter’s daughter. James returned to Glasco’s

car, and Hunter went into the UPS Store to retrieve the package. Once Defendant 

Hunter left the UPS Store with the package, agents intervened, seized the package,

and arrested her. James was also arrested, but Glasco fled and was not 

apprehended until February 2017. 

B. Indictment and Not Guilty Plea

A grand jury charged (1) Glasco and others, including Defendant Hunter, 

James, and Gallman, with conspiracy to possess with intent to distribute alpha-PVP

between August 31, 2016 and February 2, 2017, in violation of 21 U.S.C. 

§§ 841(a)(1), (b)(1)(C) and 846 (Count One); and (2) Glasco, James, and 

Defendant Hunter with possession with intent to distribute alpha-PVP on 

November 8, 2016, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C) and 18 U.S.C. 

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§ 2 (Count Two). Although her codefendants pled guilty, Hunter proceeded to 

trial. 

C. Pretrial Ruling on Rule 404(b) Evidence

At a pretrial hearing, the district court ruled on the parties’ cross-motions in 

limine. Relevant to this appeal, the district court ruled admissible under Federal 

Rule of Evidence 404(b) the government’s evidence of Hunter’s post-arrest drug 

activity, including: (1) two positive drug tests for alpha-PVP; and (2) testimony 

from Victoria Burris, a cooperating witness, that Hunter had sold and shared with 

her alpha-PVP. The district court concluded that recordings of some of Hunter’s 

post-arrest jail phone conversations, in which she seemed to refer to her past 

experiences transporting and using drugs, also were admissible under Rule 404(b). 

D. Trial and Conviction

At Defendant Hunter’s two-day trial, Glasco and James testified as 

cooperating witnesses and, along with Special Agent Michael Harvill, outlined the 

events described above. In addition, the government presented evidence of 

Hunter’s post-arrest drug tests in November and December 2017, both of which 

were positive for alpha-PVP, and Victoria Burris’s testimony that on four or five 

occasions between March and November 2017 Defendant Hunter sold and gave 

her small quantities of alpha-PVP from Hunter’s “personal stash.” First after 

Burris’s testimony and again after the drug test evidence, the district court gave the 

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jury limiting instructions advising them that the similar acts evidence could not be 

considered to decide if Hunter committed the acts charged in the indictment, but 

could be considered to decide whether Hunter “had the state of mind or intent 

necessary to commit the crime charged . . . and whether [Hunter] committed the 

acts charged . . . by accident or mistake.” 

The government also published to the jury recordings of several of Hunter’s 

post-arrest jail phone calls, with corresponding transcripts.1

 Because Hunter 

contested the accuracy of one of the government’s transcripts, the district court 

allowed her to submit a competing transcript. 

Relevant to this appeal, in one recording, Hunter discussed getting 

“something to smoke” with a man she and the other speaker call “Dirt.” Hunter 

said that she “took [Dirt] to go do something he had to do,” and after being asked 

several times to clarify what Dirt had to do, Hunter declined to answer and 

reminded the person on the phone that she was speaking to him on a jail telephone. 

Before the other relevant recording was published, the district court 

permitted Hunter to point out the disputed terms in government’s transcript and 

explain her position as to their meaning. Hunter stated that, rather than the 

government’s version, “going with Chill,” which was Gallman’s nickname, she 

actually said, “going to chill.” The government then played the recording, in 

 

1

The district court permitted the government to publish two other jail phone call 

recordings that Hunter does not challenge on appeal. 

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which Hunter explained why she had not wanted to risk traveling from Florida to 

Texas on a previous occasion with her baby and being stopped and put “in jail out 

of state.” Hunter stated that “it’s almost impossible to go through Florida through 

Louisiana through Texas and come back and not get pulled over by . . . the DEA

. . . when they see Florida tags coming all through them States with all them 

drugs.” Hunter went on to explain that she preferred to travel at night because she 

was less likely to be pulled over. According to the government’s transcript, Hunter 

then stated, “I’ve been doing this shit since 2005. Actually actually doing doing it. 

And actually just going with Chill.” Hunter added, “I know what to do and what 

you can get away with.” 

Defendant Hunter’s defense was that she was an unwitting participant in 

Glasco’s drug conspiracy and that the testimony of Glasco and James implicating 

her was not credible. Defendant Hunter testified that she opened the UPS Store 

mailbox as a favor to Gallman because he did not have the necessary identification 

to open one for himself. After a couple of months, however, Hunter decided to use 

the mailbox to receive food stamp and child support cards because she could not 

receive mail at her motel. 

Defendant Hunter admitted picking up three of Gallman’s packages but 

claimed she was never aware they contained drugs. When James’s girlfriend 

suggested to Defendant Hunter that Gallman and James were shipping drugs to the 

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mailbox, Hunter opened the first package, but found only electronic equipment. 

As for the second package, when Defendant Hunter saw that it was addressed to 

“Jamal Hunter,” she wrote “return to sender” on it and gave it unopened to James’s 

girlfriend to drop in a mailbox. Defendant Hunter denied telling the UPS Store 

that she was the only person who could pick up packages. Defendant Hunter also 

denied knowing Glasco, trying to get his phone number, getting some alpha-PVP 

from Glasco after picking up one of his drug packages, or trying to steal drug 

packages from him. 

According to Defendant Hunter, she met Glasco for the first time on the day 

of her arrest. Glasco picked Defendant Hunter up to take her to James and then 

drove them to the store so Hunter could buy shoes for her daughter. Because the 

UPS Store was next door, Defendant Hunter decided to check her mailbox for a 

child support card she was expecting. When she went inside, a UPS Store 

employee handed Defendant Hunter a package. Hunter admitted that she 

occasionally used alpha-PVP, and that after her arrest, she had smoked some 

alpha-PVP with Burris, but Hunter denied selling Burris drugs. 

Hunter also offered innocent explanations for her recorded jail phone calls, 

and she maintained that the excerpts of her conversations were taken out of context 

and misleading. In particular, Hunter explained that the first challenged phone call 

was with her boyfriend, who was “being jealous and nosey” about her riding in a 

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car with another man and she refused to explain what “Dirt” had to go do because 

she was “blowing [her boyfriend] off.” 

As for the other phone call, Hunter said she had family in Texas that she 

often visited, and she was explaining to her boyfriend, who had never travelled 

outside of Tallahassee, that she likely would have been pulled over with Florida 

tags and could have been arrested because she had a warrant at the time. Hunter 

maintained that when she said, “I’ve been doing this shit since 2005,” she was 

referring merely to travelling between Florida and Texas. 

After deliberating for over three hours, the jury indicated that it was unable 

to reach a unanimous verdict on either count. The district court issued a modified 

Allen charge. An hour later, the jury returned a unanimous verdict acquitting 

Hunter of the conspiracy charge in Count One but finding her guilty of the 

possession with intent to distribute charge in Count Two. The district court later 

imposed a 72-month sentence.2

 

II. DISCUSSION

A. Standard of Review

We review a district court’s evidentiary rulings for abuse of discretion. 

United States v. Matthews, 431 F.3d 1296, 1311 (11th Cir. 2005). A district court 

abuses its discretion when it “applies the wrong law, follows the wrong procedure, 

 

2

Hunter does not appeal her sentence.

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bases its decision on clearly erroneous facts, or commits a clear error in judgment.” 

United States v. Brown, 415 F.3d 1257, 1266 (11th Cir. 2005). Further, we will 

not reverse an erroneous evidentiary ruling if the error was harmless. United 

States v. Langford, 647 F.3d 1309, 1323 (11th Cir. 2011). An error is harmless if 

“sufficient evidence uninfected by any error supports the verdict, and the evidence 

did not have a substantial influence on the outcome.” Id. (quotation marks 

omitted). Evidence admitted in violation of Rule 404(b) is considered harmless if 

there is other substantial evidence of the defendant’s guilt. See United States v. 

Chavez, 204 F.3d 1305, 1317 (11th Cir. 2000).

B. Rule 404(b) Three-Part Test for Admissibility

Rule 404(b) forbids the admission of evidence of “a crime, wrong, or other 

act . . . to prove a person’s character in order to show that on a particular occasion 

the person acted in accordance with the character.” Fed. R. Evid. 404(b)(1). 

However, the same evidence “may be admissible for another purpose, such as to 

proving motive, opportunity, intent, preparation, plan, knowledge, identity, 

absence of mistake, or lack of accident.” Fed. R. Evid. 404(b)(2). This Court has 

previously observed that “Rule 404(b) is a rule of inclusion” and relevant Rule 

404(b) evidence “like other relevant evidence, should not lightly be excluded when 

it is central to the prosecution’s case.” United States v. Jernigan, 341 F.3d 1273, 

1280 (11th Cir. 2003) (internal quotation marks omitted).

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To be admissible under Rule 404(b), the evidence must (1) be relevant to an 

issue other than the defendant’s character; (2) be sufficiently proven to allow a jury 

to find that the defendant committed the extrinsic act; and (3) possess probative 

value that is not substantially outweighed by its risk of undue prejudice under 

Federal Rule of Evidence 403. Matthews, 431 F.3d at 1310-11. 

As to the first prong, a defendant who pleads not guilty to a drug trafficking 

offense makes intent a material issue that imposes a substantial burden on the 

government, which it may prove using qualifying Rule 404(b) evidence absent 

affirmative steps by the defendant to remove intent as an issue. United States v. 

Zapata, 139 F.3d 1355, 1357-58 (11th Cir. 1998); see also United States v. 

Delgado, 56 F.3d 1357, 1365 (11th Cir. 1995). “[C]ircuit precedent regards 

virtually any prior drug offense as probative of the intent to engage in a drug 

conspiracy . . . .” Matthews, 431 F.3d at 1311; see also United States v. Butler, 

102 F.3d 1191, 1195-96 (11th Cir. 1997) (“[T]he logical extension of our current 

jurisprudence is to admit evidence of prior personal drug use to prove intent in a 

subsequent prosecution for distribution of narcotics.”).

With respect to the second prong, there is sufficient proof of the defendant’s 

other act if a jury could find by a preponderance of the evidence that the defendant 

committed the act. United States v. Eduoard, 485 F.3d 1324, 1344 (11th Cir. 

2007). A defendant’s “own statement, admitting that he committed the act, even if 

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mere puffery, is sufficient to justify a jury finding that he committed the act.” 

United States v. Chilcote, 724 F.2d 1498, 1502 n.2 (11th Cir. 1984); United States 

v. Edwards, 696 F.2d 1277, 1280 (11th Cir. 1983). 

Under the third prong, to determine whether the probative value of the 

evidence is substantially outweighed by the danger of unfair prejudice, the district 

court considers all the circumstances of the extrinsic act, including “whether it 

appeared at the commencement of the trial that the defendant would contest the 

issue of intent, the overall similarity of the charged and extrinsic offenses, and 

temporal proximity between the charged and extrinsic offenses.” Edouard, 485 

F.3d at 1345. When the Rule 404(b) evidence goes to intent, rather than identity, 

less similarity between the charged and extrinsic acts is required, and a similarity 

in the overall purpose is enough. Delgado, 56 F.3d at 1366. 

C. Evidence of Hunter’s Post-Arrest Drug Use and Drug Sales

The district court did not abuse its discretion in admitting evidence of 

Hunter’s post-arrest use and distribution of small quantities of alpha-PVP. As to 

the first prong, by pleading not guilty, Hunter put her intent at issue as to both 

charges. The selling of alpha-PVP to Burris and the charged offenses of 

conspiring to possess, and possessing, alpha-PVP with the intent to distribute 

involve the same state of mind. See Edouard, 485 F.3d at 1345. While Hunter’s 

personal drug use did not require the same state of mind, this Court has held that 

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evidence of personal drug use outside the period of the alleged conspiracy is 

probative of intent to distribute or conspire to distribute drugs. See Matthews, 431 

F.3d 1311; Butler, 102 F.3d at 1195.3 

As to the second prong, the positive drug tests, Hunter’s admission that she 

used alpha-PVP and Burris’s testimony that Hunter both shared and sold her alphaPVP were sufficient to allow the jury to find by a preponderance of the evidence 

that these acts occurred. See United States v. Barrington, 648 F.3d 1178, 1187 

(11th Cir. 2011).

Turning to the third prong, the probative value of Hunter’s personal use and 

her sales to Burris of small quantities of alpha-PVP is not substantially outweighed 

by the risk of unfair prejudice. Hunter put up a “non-participant” defense, 

testifying that she was duped by James and Gallman and never knew that they 

were shipping alpha-PVP to her UPS Store mailbox. To refute Hunter and show 

that she knew all along that the packages contained alpha-PVP, the government 

relied primarily on the testimony of Glasco and James. Both witnesses had prior 

criminal histories and were key players in the drug importation scheme who faced 

stiff sentences. Both admitted testifying against Hunter in hopes of receiving 

 

3

Although Hunter criticizes Butler and Matthews and asks us to “revisit this question,” 

we are bound by our prior precedent. See Smith v. GTE Corp., 236 F.3d 1292, 1303 (11th Cir. 

2001) (rejecting “any exception to the prior panel precedent rule based upon a perceived defect 

in the prior panel’s reasoning or analysis as it relates to the law in existence at that time”).

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sentence reductions. Given these obvious credibility problems, the government’s 

need for additional relevant evidence of Hunter’s intent was significant. 

Hunter’s extrinsic acts involved the same drug–alpha-PVP–and, for the sales 

to Burris, the same intent to distribute. As for temporal proximity, Hunter’s postarrest drug activity occurred within months to a year of her arrest. Importantly, 

too, the district court cautioned the jury, both when the evidence was admitted and 

again in the final jury charge, that they could consider the extrinsic acts evidence 

only to determine whether Hunter had the requisite state of mind and had not 

committed the charged acts by accident or mistake. 

In sum, we conclude that the district court did not abuse its discretion in 

admitting evidence of Hunter’s post-arrest drug activity because the evidence was 

relevant to show her intent to commit the charged crimes and was not unduly 

prejudicial.

D. Hunter’s Recorded Jail Phone Calls

The district court did not abuse its discretion in admitting recordings and 

transcripts of Hunter’s jail phone calls under Rule 404(b).4

 In the first disputed 

recording, Hunter discussed precautions she had taken in the past to avoid 

detection by the DEA while driving between Florida and Texas. In the second, 

 

4

Because we conclude the recordings were properly admitted under Rule 404(b), we do 

not address the government’s alternative argument that the recordings were inextricably 

intertwined with the charged drug conspiracy and thus outside the scope of Rule 404(b). 

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Hunter discussed getting “something to smoke” with “Dirt” and refused to 

elaborate on what Dirt had to do because she was speaking on a jail phone. 

First, to the extent these two phone calls demonstrated Hunter’s knowledge 

of and participation in prior drug deals, they were probative of her knowledge and 

intent to commit the charged crimes. Matthews, 431 F.3d at 1311. Second, 

although Hunter’s statements were somewhat ambiguous, and Hunter disputed 

their meaning, the jury was free to disbelieve Hunter’s innocent explanations for 

them and to find by a preponderance of the evidence that her recorded statements 

were in fact oblique references to her past drug activity. See Chilcote, 724 F.2d at 

1502 n.2; see also Edwards, 696 F.2d at 1280. Third, the recordings were not 

unduly prejudicial considering their ambiguous nature and the district court’s 

repeated limiting instructions. See Edouard, 485 F.3d at 1346.

5

 

Further, any dispute as to the accuracy of one of the government’s 

transcripts was resolved by the district court’s ruling that Hunter could produce her 

own transcript and submit it to the jury. See United States v. Hogan, 986 F.2d 

1364, 1376 (11th Cir. 1993) (explaining that the remedy for a party “skeptical of a 

transcript of a recorded conversation” is to prepare and submit his or her own 

 

5

Alternatively, even if the two recorded phone calls were erroneously admitted, any error 

was harmless given the significant amount of uninfected evidence the government presented that 

supports the jury’s guilty verdict on Count Two. See Langford, 647 F.3d at 1323.

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transcript and to “put on evidence supporting the accuracy of [that] version or 

challenging the accuracy of the other side’s version”).

III. CONCLUSION

For all these reasons, the district court did not abuse its discretion in 

admitting evidence of Hunter’s post-arrest use and sale of alpha-PVP or the 

recordings of Hunter’s jail phone calls in which she seemingly discussed her past 

drug activities. Accordingly, we affirm Hunter’s conviction.

AFFIRMED.

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