The following is an excerpt from the following United States case: U.S. v. Blackburn 165 Fed.Appx. 721 C.A.11 (Fla.),2006. Davion Anthony Blackburn was convicted by a jury of (1) conspiracy to import at least 1 kilogram of cocaine and 100 grams of heroin, in violation of 21 U.S.C. § 952; (2) conspiracy to possess with intent to distribute at least 1 kilogram of cocaine and 100 grams of heroin, in violation of 21 U.S.C. § 846; and (3) possession with intent to distribute at least 1 kilogram of cocaine and 100 grams of heroin, in violation of 21 U.S.C. § 841. The evidence at trial established that Immigration and Customs Enforcement Agents were involved in an investigation into narcotics smuggling using sea cargo containers. Using a confidential informant named “Fabian” pretending to be a corrupt dock worker responsible for checking cargo, agents arranged with a man named Clark from Costa Rica to deliver drugs on a Seaboard Marine ship in exchange for $8,000. On the day of the shipment, agents went to the dock, boarded the ship, and conducted a search for the container Clark had identified as containing the drugs. In the center console of the identified container, the agents found contraband, which a DEA chemist confirmed was 1.454 kilograms of cocaine and 201.4 grams of heroin. The agents and Fabian then arranged a controlled delivery of the drugs to a man named “Pumpi.” At the arranged time, Fabian and an undercover officer waited at the parking lot where the delivery was scheduled. Blackburn arrived as a passenger in a car driven by Cyril Gilbert. As Blackburn made the exchange, the agents approached and Blackburn ran. The agents chased Blackburn and he eventually stopped and was arrested. In his possession, agents found cell phones with Fabian's number and a call to Costa Rica. Blackburn waived his right to remain silent and admitted that his nickname was Pumpi. Gilbert also was taken to the station, but was released. When Blackburn noticed Gilbert leaving the station, he asked why because Gilbert had driven the getaway car. The government rested its case-in-chief and the court denied Blackburn's motion for judgment of acquittal. Blackburn then testified as follows: He worked as a part-time reggae disk jockey (“DJ”) named Pumpi with an upscale sound system using records and dub plates, which he defined as custom made music that dubbed the name of his sound system into the songs. Blackburn bought a set of 8 dub plate CDs for $8,000 from a man named Fabian from Costa Rica. He did not want the CDs shipped because he would have no recourse if he received the wrong items. *723 After he exchanged the money for the package he thought contained dub plates, he observed men coming towards him and he ran because he thought he was being robbed. During Blackburn's testimony, the court expressed confusion about the dub plates and asked Blackburn: “Are you talking about regular size CDs, are the dub plates the same size as a regular CD?” Blackburn responded, “Dub plate CDs.” Pointing to its own CD player and CDs, the court asked, “Is it the same size CD that you play in a radio like this size?” Blackburn stated that it was. The court then explained that “the record should reflect he is talking about approximately five inch by five inch square, a quarter inch think if you take a separate holder. If you take the cassette out, it is a quarter inch thick or a sixteenth of an inch thick.” The government then asked Blackburn to demonstrate how the plates could be packaged in such a way that would make them appear to be the same size as the brick of drugs that was delivered. After this exchange, defense counsel moved for a mistrial because the judge's comments invoked laughter from the jury and prejudiced Blackburn. The court denied the motion, noting that it was unsure how the exchange was prejudicial. Defense counsel claimed that it implied his defense was laughable, but the court disagreed and stated that the comment was directed at the government because the prosecutor was using the judge's own property to clarify the items for the jury. Defense counsel rested its case. After the government's rebuttal witness, Blackburn renewed his motion for judgment of acquittal, which the court again denied.