United States v. Amos Christolin

• Court: Court of Appeals for the Eleventh Circuit
• Decided: April 20, 2026
• Docket: 23-13672
• Status: Unpublished

Opinion

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NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-13672 ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus

AMOS CHRISTOLIN, a.k.a. Patizan, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:18-cr-00392-AT-JKL-2 ____________________

Before JORDAN, LAGOA, and WILSON, Circuit Judges. PER CURIAM: In August of 2017, Customs and Border Protection officers uncovered a drug smuggling operation involving the shipment of bricks of cocaine from Haiti to Miami, and then to Atlanta, in tubs USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 2 of 42

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of butter. The officers suspected that Amos Christolin was involved in the scheme. Upon his arrest for his participation in the scheme, Mr. Christolin was advised of his rights and interviewed by Special Agent Jacque Philippe from Homeland Security Investigations. Be- cause Mr. Christolin’s primary language is Haitian Creole, he was advised of his rights and interviewed in Haitian Creole. SA Philippe, who speaks Haitian Creole, acted as a translator. 1 In challenging his subsequent convictions for federal narcot- ics offenses, Mr. Christolin makes several arguments. First, he as- serts that he unequivocally invoked his right to remain silent dur- ing his interview with SA Philippe by saying, “No, I’m willing to listen,” when asked if he wanted to speak with the agents. As a re- sult, he says his subsequent incriminating statements should have been suppressed. Second, he contends that his waiver of rights was not knowing and voluntary due to SA Philippe’s limited fluency in Haitian Creole. Third, he maintains that the introduction of his statements from his interview with SA Philippe violated the Con- frontation Clause because they were introduced by a different law enforcement agent at trial.

1 SA Philippe’s level of proficiency in Haitian Creole has been the source of

contention between the parties throughout this case. SA Philippe’s transla- tions of Mr. Christolin’s rights and Mr. Christolin’s statements were contested at a suppression hearing and now again here on appeal. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 3 of 42

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I During a random search of cargo arriving in Miami from Haiti in August of 2017, CBP officers uncovered tubs of butter that contained bricks of cocaine. The officers recovered 28 kilograms of cocaine, and reached out to contacts at HSI to relay what they had found and to hand off the investigation. A HSI agents took over the investigation and conducted a con- trolled delivery to Vital Joseph using some of the seized cocaine. As part of the scheme, Mr. Joseph would use his connections in Haiti to import cocaine into the United States through Miami using tubs of butter to conceal the drugs as they passed through customs. Mr. Joseph would deliver the shipments to other coconspirators who would then deliver them to their ultimate destination for dis- tribution. HSI arrested Mr. Joseph following the controlled deliv- ery. The agents seized a cellphone from Mr. Joseph and another from his bedroom. The agents had Mr. Joseph make a call with one of these phones to his contact in Haiti to discuss their recent ship- ment of cocaine. During that call, Mr. Joseph confirmed the 28-kil- ogram quantity using coded language. Following the call, Mr. Joseph received a message from his Haitian contact that listed three names and associated phone num- bers, including “Patizan,” who had the phone number (786) 203- USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 4 of 42

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2316. Each name in the message was accompanied by a number, the total of which added up to 28. 2 The agents understood the message to be instructions for the drivers who would pick up the drugs, as well as the amount of cocaine that each driver was to receive. Using immigration paper- work, DMV records, AT&T subscriber data, and other investiga- tory techniques, HSI was able to trace the 2316 phone number to Mr. Christolin. In November of 2018, HSI agents arrested Mr. Christolin at his home for his role in the drug-trafficking operation. SA Philippe conducted the interview in Haitian Creole as the only agent profi- cient in the language on the scene. SA Philippe is a “heritage learner” of Haitian Creole, having been born in the United States to parents from Haiti and having grown up speaking Haitian Creole as a first language. SA Philippe tested his proficiency in Haitian Creole while employed by HSI and received a score of “3.” It is not clear what the maximum score on the exam is and where on the range SA Philippe falls, but a score of “2” is passing. SA Philippe’s score qualified him to receive addi- tional compensation from HSI. He estimated that he has served as

2 Mr. Joseph testified at Mr. Christolin’s trial and confirmed that the coded

language in the message was in reference to the 28 kilograms of cocaine, that Mr. Christolin was “Patizan,” and that he had delivered multiple shipments of cocaine to Mr. Christolin. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 5 of 42

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a translator in about 50 interviews as an agent for HSI and has ad- vised suspects of their rights in Haitian Creole between 20 to 30 times. B SA Philippe used a Haitian Creole statement of rights form, which translates the Miranda rights, see Miranda v. Arizona, 384 U.S. 436 (1966), into Haitian Creole. SA Philippe had Mr. Christolin ini- tial after each of the lines explaining his rights to indicate that he understood them. While reading from the form, SA Philippe said the following in Haitian Creole: “Before I interview you, it’s my duty to inform you of your rights. Do you understand what I just read?” Mr. Chris- tolin responded, “Yes.” SA Philippe then asked Mr. Christolin whether he could read. Mr. Christolin responded that he could and then read the first line of the form out loud in Haitian Creole. SA Philippe again confirmed that Mr. Christolin understood that line and directed him to initial the line to memorialize that he under- stood it. Mr. Christolin did so. SA Philippe then read the next line on the form in Haitian Creole, which said: “You have the right to remain silent and decline from making any statement.” SA Philippe asked Mr. Christolin if he understood, to which Mr. Christolin responded, “Yeah.” SA Philippe continued with the next right: “Any statement you made can be used against you in Courts or any legal institu- tion.” SA Philippe then paused and told Mr. Christolin, “My—Cre- ole is not very strong,” and asked Mr. Christolin to read the line USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 6 of 42

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himself. Mr. Christolin read out loud, “Any statement you made can be used against you in Courts or in any legal institution.” SA Philippe asked Mr. Christolin if he understood, and Mr. Christolin responded, “I don’t fully understand this. So, you can, you can use any statement . . .” At this point, SA Philippe paused the interview and obtained an English language version of the advice of rights form as an aid for himself, and told Mr. Christolin in Haitian Cre- ole, “this just said . . . everything you tell us . . . we can use in Courts, when we—are in Courts or when we’re in front of a Judge.” Mr. Christolin responded “OK.” SA Philippe proceeded to the next line: “[Y]ou have the right to an attorney before you make any statements and before you an- swer any questions they may ask you when they are interviewing you.” Pausing again, he corrected himself and said “—interrogating you. Do you understand?” Mr. Christolin responded, “Yeah.” Then SA Philippe explained: “You have the right to an attor- ney . . . a Federal Commissioner, or a US Court may provide you with one, if you cannot afford one yourself. . . . if you cannot afford an attorney, . . . one will be provided to you, if you want.” Mr. Christolin once again confirmed that he understood. SA Philippe advised Mr. Christolin, in Haitian Creole, “[i]f you’re willing to im- mediately answer all the questions you are asked . . . without an attorney present with you, you can, at any time request the inter- view is stopped and consult an attorney. This is your right. Do you understand what that says?” Mr. Christolin responded, “Yeah.” SA Philippe then paraphrased, “So, when we are talking to you, at any USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 7 of 42

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times, you can tell, um, you want an attorney, and then we will stop talking to you.” Mr. Christolin responded, “OK.” Moving on, SA Philippe then said: “You also have the right to waive the assistance of an attorney, and also the right to remain silent. Also, if you are willing, you may make all your statement without consulting an attorney. Just say whether you understand?” Mr. Christolin responded, “No, do I put initial?” SA Philippe re- plied, “No, you will initial here to state if you understand.” Mr. Christolin responded, “Uh, OK,” and initialed the form. Finally, SA Philippe concluded with the following exchange with Mr. Christolin. “Now, I will ask you if you wish to speak with us. We’ll explain to you what’s going on. You can give us, give, give us back your response.” Mr. Christolin responded, “All right!” SA Philippe asked, “So, are you willing to speak with us?” And Mr. Christolin responded “No, I’m willing to listen!” SA Philippe again clarified, “No, I am asking if you want to speak with us. You will need to sign—if you’re willing to speak with us, you will sign here, to state that you are willing to speak with us. Um, and then, I will sign, um, another person will sign. And then, like I said, you can begin speaking with us, anytime you can stop speaking with us, if you want to.” Mr. Christolin then said, “Yeah. OK.” Clarifying one last time, SA Philippe asked “So, are you willing to speak with us?” Mr. Christolin replied, “Yeah.” Mr. Christolin then spoke with SA Philippe and other HSI agents and made several statements, some of which the govern- ment used at trial. During the interview, Mr. Christolin admitted USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 8 of 42

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to using the alias “Patizan,” admitted that the 2316 phone number was his, and that he met someone who met the description of an- other individual who transported drugs to the Atlanta area. C Before trial, Mr. Christolin moved to exclude these state- ments. A magistrate judge held an evidentiary hearing and issued a report and recommendation. The magistrate judge determined that Mr. Christolin’s waiver of rights was uncoerced, knowing, and intelligent. The magistrate judge also found that Mr. Christolin did not unequivocally invoke his right to remain silent. With respect to Mr. Christolin’s understanding of SA Philippe’s Haitian Creole, the magistrate judge found that “[i]t is also clear from the interview itself that Mr. Christolin understood what SA Philippe was saying.” D.E. 165 at 28 n.17. The transcript of the interview, moreover, “show[ed] Mr. Christolin repeatedly conversing with the agents in English without translation.” Id. at 22. The district court adopted the report and recommendation but noted the case presented a closer question than the one ad- dressed in United States v. Youte, 769 F. App’x 685 (11th Cir. 2019), which also involved SA Philippe’s Haitian Creole translations of Miranda rights. The court was perturbed by the “more troubling course of interrogation than occurred in Youte” because Mr. Chris- tolin had “affirmatively asserted his intent not to speak – and only to listen to what the officers had to say.” D.E. 189 at 8. The court ultimately concluded, however, that it could not say that Mr. Chris- tolin unequivocally communicated his refusal to agree to speak USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 9 of 42

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with the agents or to proceed with the interview based on the rec- ord. See id. at 8–9. Before trial, Mr. Christolin again sought to exclude SA Philippe’s translations of his statements, which the government sought to introduce at trial. Mr. Christolin argued in his motion in limine that SA Philippe’s repetition of his statements while translat- ing were “not verbatim and commutative.” D.E. 205 at 2. When paired with the certified translation, Mr. Christolin argued that SA Philippe’s translations were “[a]t best . . . duplicative” and could “potentially create confusion for jurors.” Id. The government opposed Mr. Christolin’s motion and re- sponded that carving out SA Philippe’s translations would create confusion by removing key context from the interview. The gov- ernment asked the district court to allow SA Philippe’s translations but with a limiting instruction stating, “to the extent that these statements differ from the translations next to each Haitian Creole statement, [the jurors] should rely on the latter.” D.E. 284 at 732– 33. While discussing the matter with the parties, the district court raised a separate potential Confrontation Clause issue. The district court referred the parties to § 341 of Don Samuel’s Eleventh Circuit Criminal Handbook. See D.E. 283 at 101. This portion of the Handbook reads, in relevant part, as follows: In 2013, the Eleventh Circuit considered a case in which the defendant was stopped at the border and interviewed by a Customs and Border Patrol agent. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 10 of 42

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Because the defendant did not speak English, an inter- preter was used. At trial, the CBP agent testified about what the interpreter said. The Eleventh Circuit held that this violated the Confrontation Clause. United States v. Charles, 722 F.3d 1319 (11th Cir. 2013) . . . Problems under the Confrontation Clause may arise when a translated transcript is pre- sented to the jury. The translator’s implicit statement that the translation is an accurate translation of the participants’ recorded statements would qualify as “testimonial” under Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004). If another witness testified, however, such as the case agent, that the translation is accurate, this would be the only testimony heard by the jury and would alleviate any Confrontation concerns. United States v. Curbelo, 726 F.3d 1260 (11th Cir. 2013). 1 Don Samuel, Eleventh Circuit Criminal Handbook § 341 (2025). Mr. Christolin then reiterated the arguments in his motion in limine—i.e., that the certified translations next to SA Philippe’s translations were repetitive or cumulative. See D.E. 283 at 102. The government repeated its preference for a curative instruction be- cause the interview would be turned into “Swiss cheese” without SA Philippe’s own questions and statements as context. See id. at 104. The district court concluded the discussion by saying that it considered the issue to be preserved but wanted to see if the certi- fied translator would testify “to address any Confrontation Clause USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 11 of 42

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issue” or if the parties were “waiving having her here.” Id. at 105. The government responded that there was a stipulation concern- ing the certified transcript and that transcripts such as these were “admitted all the time.” Id. After some more discussion, the court ultimately adopted the government’s proposed solution of allow- ing the jury to see SA Philippe’s translations with a limiting instruc- tion that the certified translation was to be relied on in case of a conflict between the two. The jury found Mr. Christolin guilty of conspiracy to distrib- ute a controlled substance involving at least five kilograms or more of a mixture and substance containing a detectable amount of co- caine. See D.E. 219. The district court sentenced him to 120 months’ imprisonment. See D.E. 268. II “The denial of a motion to suppress is reviewed under a mixed standard. We review the district court’s findings of fact for clear error and the application of law to those facts de novo.” United States v. Ford, 784 F.3d 1386, 1391 (11th Cir. 2015). Violations of the Confrontation Clause typically warrant de novo review. See United States v. Gari, 572 F.3d 1352, 1361 (11th Cir. 2009). But if no Confrontation Clause objection is lodged in the dis- trict court, we review only for plain error. See United States v. Jiminez, 564 F.3d 1280, 1286 (11th Cir. 2009). USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 12 of 42

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III Mr. Christolin argues that he unequivocally invoked his right to remain silent when he said, “No, I’m willing to listen,” when the agents asked if he would speak with them. In his view, the interview should have ceased at that point and without any fur- ther questioning by the agents. He also maintains that his waiver was not knowing and voluntary. We disagree on both points. A The Supreme Court’s decision in Miranda, 384 U.S. at 444, requires that an individual undergoing an in-custody interrogation be warned that he has the right to remain silent, that any statement he makes may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. But law enforcement officers have no duty to stop their question- ing if the subject’s invocation of Fifth Amendment rights is ambig- uous or equivocal. See Davis v. United States, 512 U.S. 452, 461 (1994). “A suspect must articulate his desire to cut off questioning with sufficient clarity that a reasonable police officer in the circum- stances would understand the statement to be an assertion of the right to remain silent.” Coleman v. Singletary, 30 F.3d 1420, 1424 (11th Cir. 1994). To expressly invoke the Fifth Amendment’s protections, a person must clearly assert that he wants to remain silent or that he does not want to talk with the police. See Berghuis v. Thompkins, 560 U.S. 370, 382 (2010) (“Had he made either of these simple, unam- biguous statements, he would have invoked his right to cut off USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 13 of 42

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questioning. . . . Here he did neither, so he did not invoke his right to remain silent.”). We have declined to establish a per se rule that a suspect’s use of “No,” when asked if he wants to talk to a police officer, means that the officer cannot go forward with questioning. See Medina v. Singletary, 59 F.3d 1095, 1104–05 (11th Cir. 1995). We have also held that saying, “No, I’m not going to waive my rights,” is insufficient to invoke the Fifth Amendment’s protections when other ambiguous statements follow. See United States v. Acosta, 363 F.3d 1141, 1154 (11th Cir. 2004). Mr. Christolin’s invocation was not unequivocal or unam- biguous. Mr. Christolin was read his rights from an advice of rights form, and indicated that he understood his rights along the way by placing his initials next to each right as they were read to him. After being advised of his rights, when he was asked if he wanted to speak with the agents, he said “No, I’m willing to listen.” This response did not make it clear if Mr. Christolin wished to remain silent; he may have wanted to hear what the agents had to say before he made up his mind or started answering their questions. See Acosta, 363 F.3d at 1155 (“[T]wo reasonable, competing interpretations is the very definition of ambiguity.”) (citation omitted). The Ninth Circuit’s decision in United States v. Washington, 462 F.3d 1124 (9th Cir. 2006), is instructive. In Washington, the sub- ject was read his Miranda rights, just as Mr. Christolin was. He was then asked if he wished to speak to the agents, just as Mr. Christolin was, and replied, “I agree to listen.” The Ninth Circuit held that this statement “cannot possibly be construed as a request for the USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 14 of 42

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FBI agents not to speak to him or for him to remain silent” and that “[h]e simply did not invoke his right to remain silent.” Id. at 1134. We conclude that there is no legal daylight between “No, I’m willing to listen” and “I agree to listen.” Addition or subtraction of “No” does not change the import of the sentence in any mean- ingful way. Moreover, we agree with the Ninth Circuit that such a statement is not an unequivocal or unambiguous invocation of the Fifth Amendment’s protections. And we have long said that agents in this context have a right to clarify the interviewee’s wishes by asking follow-up questions. See Nash v. Estelle, 597 F.2d 513, 517 (5th Cir. 1979). B Mr. Christolin also argues that his waiver of rights was not knowing and voluntary due to SA Phillipe’s limited Haitian Creole abilities. Miranda allows a suspect to waive his rights after being advised of them. See 384 U.S. at 444. But that waiver must be vol- untary, knowing, and intelligent. See id. The inquiry for determin- ing if a waiver is voluntary, knowing, and intelligent is twofold. See Moran v. Burbine, 475 U.S. 412, 421 (1986). First, the waiver must be “voluntary in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception.” Id. We consider the totality of the circum- stances as part of this inquiry including lack of education, or his low intelligence, the lack of any advice to the subject of his constitu- tional rights, the length of detention, the repeated and prolonged nature of the questioning, and the use of physical punishment such USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 15 of 42

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as the deprivation of food or sleep. See United States v. Bernal-Beni- tez, 594 F.3d 1303, 1319 (11th Cir. 2010). Second, the waiver must be “made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.” Burbine, 475 U.S. at 421. “Even if a defendant’s statement is voluntary and not coerced, the prosecu- tion must make the additional showing that the accused under- stood these [Miranda] rights.” Hall v. Thomas, 611 F.3d 1259, 1285 (11th Cir. 2010) (citation omitted) (alterations in original). “Only if the totality of the circumstances surrounding the interrogation re- veal both an uncoerced choice and the requisite level of compre- hension may a court properly conclude that the Miranda rights have been waived.” Burbine, 475 U.S. at 421. (internal quotation marks and citations omitted). Mr. Christolin’s waiver was voluntary. Although Mr. Chris- tolin argues that SA Philippe pushed him to speak by using lan- guage that was more of a command than a question, the record does not support that contention. As the district court noted, “[w]hen [Mr.] Christolin agreed to sign the waiver form and pro- ceed to the substantive interview, neither the audio recording nor the transcript reflect a threatening tonality or verbiage on the part of the officers.” D.E. 189 at 9. That finding is plausible, and there- fore not clearly erroneous. See Cooper v. Harris, 581 U.S. 285, 293 (2017). The transcript supports the district court’s finding that SA Philippe was not pressuring Mr. Christolin but instead clarifying USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 16 of 42

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that he would need to sign the form if he wanted to speak to the agents. SA Philipe even reiterated that the interview would stop at any time Mr. Christolin chose. Absent any physical or psychologi- cal pressure or some other indicia of overreach to elicit the state- ments, we are satisfied about the voluntariness of Mr. Christolin’s statements. See Burbine, 475 U.S. 412 at 421. See also Colorado v. Con- nelly, 479 U.S. 157, 170 (1986) (“The sole concern of the Fifth Amendment, on which Miranda was based, is governmental coer- cion. . . . The voluntariness of a waiver of this privilege has always depended on the absence of police overreaching[.]”). Mr. Christolin next argues that his waiver of rights was not knowing due to SA Philippe’s lack of mastery of Haitian Creole. The Fifth Amendment, however, only requires that a suspect com- prehend “the full panoply of rights set out in the Miranda warnings and of the potential consequences of a decision to relinquish them.” Burbine, 475 U.S. at 422. “Once it is determined that a sus- pect’s decision not to rely on his rights was uncoerced, that he at all times knew he could stand mute and request a lawyer, and that he was aware of the [government’s] intention to use his statements to secure a conviction, the analysis is complete and the waiver is valid as a matter of law.” Id. at 422–23. As we held in Youte, SA Philippe’s translations to Mr. Christolin, although maybe inele- gant, were constitutionally sufficient because they reasonably con- veyed the relevant rights. See Youte, 769 F. App’x at 687–688. And USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 17 of 42

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because Mr. Christolin repeatedly told the interviewers that he un- derstood his rights, we conclude that his waiver was knowing. 3 Mr. Christolin further asserts that he did not knowingly waive his rights. It is true that he expressed confusion about his rights when he said, “I don’t fully understand this. So, you can, you can use any statement . . .” But SA Philippe cured that confusion by going over his rights with him again using an English advice of rights form, which SA Philippe used as a translation aid for himself, so that he could translate the rights from English to Haitian Creole. After doing so, Mr. Christolin initialed that he understood. Mr. Christolin maintains that SA Philippe’s explanation was deficient because SA Philippe used some English words in his trans- lation rather than Haitian Creole. Mr. Christolin points out that SA Philippe did not translate the word “used” (in “[a]ny statement you made can be used against you in Courts or any legal institution”) into Haitian Creole. This, Mr. Christolin says, rendered the Mi- randa warnings deficient because he did not know what “used” meant. We are not persuaded. Elsewhere in the interview, when SA Philippe or other agents said the word “used” in English as op- posed to Haitian Creole, Mr. Christolin had no trouble understand- ing. For example: SA Devane: Who uses this phone? Mr. Christolin: Me.

3 A chart that contains the full translation of Mr. Christolin’s interview by SA

Philippe, side-by-side with the certified translation is appended to this opinion. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 18 of 42

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SA Ramirez: Anybody else? Other people? SA Devane: Anyone but you? Can you—ask him that in Creole? SA Philippe: Who else uses this phone? Mr. Christolin: Just me.

App. D.E. 44 at 105. C Finally, Mr. Christolin argues that introduction of SA Philippe’s translations violated the Confrontation Clause because SA Philippe did not testify at trial. But before we decide this ques- tion, we must determine if this argument was properly preserved for appeal. Mr. Christolin did not mention the Confrontation Clause in his motion in limine or at the hearing on the motion. But he makes two arguments in support of his contention that the Confrontation Clause argument was preserved. First, he says that under Federal Rule of Criminal Procedure 51, he preserved the Confrontation Clause issue for appeal by asking for relief in the form of having SA Philippe’s statements redacted. Mr. Christolin cites Holguin-Her- nandez v. United States, 589 U.S. 169 (2020), for this proposition. Sec- ond, Mr. Christolin claims that during trial the district court con- sidered the Confrontation Clause issue with respect to SA Philippe’s translations such that it was properly preserved. See D.E. 283 at 101. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 19 of 42

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First, Mr. Christolin overreads Holguin-Hernandez. In that case, the defendant argued in the district court that he should re- ceive either no additional prison time for a violation of supervised release or that any sentence should be less than 12 months long. After receiving a sentence of 12 months, he appealed on the ground that his sentence was unreasonable. The question before the Su- preme Court was whether the defendant’s argument for a sentence of less than 12 months preserved his claim that the 12-month sen- tence was unreasonably long. See Holguin-Hernandez, 589 U.S. at 764. The Fifth Circuit in Holguin-Hernandez held that the defend- ant had forfeited his argument by failing to object in the district court to the reasonableness of the sentence imposed. See United States v. Holguin-Hernandez, 746 F. App’x 403 (5th Cir. 2018), vacated and remanded, 589 U.S. 169 (2020). The Supreme Court reversed, and clarified that Federal Rule of Criminal Procedure 51 provides two ways to preserve an argument: (1) by informing the court of the action the party wishes the court to take; or (2) by objecting to the court’s action and informing the court of the grounds for that objection. See Holguin-Hernandez, 589 U.S. at 171. Issues not brought under one of these two bases are subject to review only for plain error. See id. Mr. Christolin told the district court of the action that he wanted it to take—redacting SA Philippe’s translations. This re- quest for redcation did not preserve a Confrontation Clause argu- ment. A request for redactions on the ground that the translations USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 20 of 42

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were repetitive and duplicative under Federal Rule of Evidence 403, see D.E. 205 at 2, is not an assertion of a Confrontation Clause vio- lation. Mr. Christolin argues that the Confrontation Clause issue was preserved because the district court raised it sua sponte. He says that the discussion involving the Eleventh Circuit Criminal Hand- book and the court’s reference to a potential Confrontation Clause issue was about SA Philippe’s translations coming into evidence without him taking the stand. We read the record differently. The portion of the Handbook cited by the district court, con- cerned an interpreter’s certified translation coming into evidence without the translator testifying to its accuracy, and how that sce- nario could result in a Confrontation Clause violation. See 1 Elev- enth Circuit Criminal Handbook § 341 (citing United States v. Charles, 722 F.3d 1319 (11th Cir. 2013) (holding that an interpreter’s statements of what a defendant said were testimonial and that the defendant had a Sixth Amendment right to cross examine the in- terpreter)). Here, the accuracy of the certified transcript prepared by the interpreter was stipulated to, so any Confrontation Clause issue with respect to the certified translation was waived by that stipula- tion. See United States v. Stephens, 609 F.2d 230, 232 (5th Cir. 1980) (“[C]ounsel in a criminal case may waive his client’s Sixth Amend- ment right of confrontation by stipulating to the admission of evi- dence[.]”). Moreover, Mr. Christolin’s counsel made clear that his concern was not the Confrontation Clause; he was concerned with USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 21 of 42

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the dual translations from both the certified interpreter and SA Philippe as being confusing, inconsistent, or duplicative. See D.E. 283 at 103. And, as noted, Mr. Christolin did not object to SA Philippe’s translations in his motion in limine on Confrontation Clause grounds. See D.E. 205 at 2. Accordingly, our review is for plain error. 4 Under plain error, Mr. Christolin must show that there was error, that the error was plain, and the error affected his substantial rights. See Fed. R. Crim. P. 52(b); United States v. Davila, 569 U.S. 597, 607 (2013). If he makes that showing, we may correct the error if it “seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.” United States v. Olano, 507 U.S. 725, 732 (1993) (citations omitted) (alterations in original). The transcript containing the dual translations of both SA Philippe and the certified interpreter were shown to the jury. The transcript was not admitted into evidence, but was testified to by a different agent than SA Philippe and the certified translation of the interview was stipulated to. SA Philippe’s translation was allowed

4 Mr. Christolin argues that our decisions in United States v. Touray, 151 F.4th

1317 (11th Cir. 2025), and United States v. Horn, 129 F.4th 1275 (11th Cir. 2025) compel a different result because “the defense requested that the district court prevent the jury from hearing Agent Phillipe’s interpretation of Mr. Chris- tolin’s statement.” App. D.E. 64 at 2. But, as discussed earlier, Mr. Christolin did not object on Confrontation Clause grounds and the district court did not understand his objection as such. Rather, the objection was about the transla- tions being confusing or inconsistent. See D.E. 205 at 1-2. Touray and Horn therefore do not change our conclusion. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 22 of 42

22 Opinion of the Court 23-13672

to remain in the transcript unredacted because the district court gave the following limiting instruction to the jury: Now, let me give you an additional instruction. So you may notice that some of Special Agent Phillipe’s contemporaneous remarks differ from the transla- tions next to each Haitian Creole statement. Some of Special Agent Phillipe’s remarks are his efforts to ex- plain to his colleagues his own personal [sense] of what Mr. Christolin is saying; therefore, Special Agent Phillipe’s words are not necessarily an actual verbatim translation and cannot be relied upon as such.

D.E. 284 at 732–33. This instruction, in our view, may have failed to properly limit the scope of SA Philippe’s translations for purposes other than the truth of the matter asserted. In other words, the instruction did not tell the jury that SA Philippe’s own statements about what Mr. Christolin said or meant could not be admitted for their truth due to hearsay problems because SA Philippe did not testify. A translation of a defendant’s statement is testimonial. So, without testimony from the declarant, the translation is an out-of- court statement and cannot be offered for the truth of the matter asserted. See Charles, 722 F.3d at 1323–24. But Mr. Christolin never raised any hearsay objection. Nor did he object to the limiting in- struction. See D.E. 284 at 11. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 23 of 42

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Even if there was error of some kind, and even if the error was plain, it did not substantially affect Mr. Christolin’s rights. “The admission of hearsay alone does not mandate a reversal of convic- tion: ‘[t]o require a new trial . . . [a] significant possibility must exist that, considering the other evidence presented by both the prose- cution and the defense, the . . . statement had a substantial impact upon the verdict of the jury.’” United States v. Docampo, 573 F.3d 1091, 1097 (11th Cir. 2009) (alterations in original). As noted above, SA Philippe’s translations and the certified translation were not materially different such that they prejudiced Mr. Christolin. And Mr. Christolin does not point to any of SA Philippe’s translations that were so markedly dissimilar that they unfairly prejudiced him. We therefore conclude that Mr. Chris- tolin’s rights were not substantially affected by SA Philippe’s trans- lations being presented to the jury. IV The district court did not err in denying Mr. Christolin’s mo- tion to suppress, and the admission of SA Philippe’s translations did not constitute plain error under the Confrontation Clause. We therefore affirm Mr. Christolin’s convictions. AFFIRMED. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 24 of 42

24 Opinion of the Court 23-13672

APPENDIX Participant Transcript Certified Trans- SA Philippe lation Translation SA Devane Who uses this phone? Christolin Me. SA Ramirez Anybody else? Other people? SA Devane Anyone but you? Can you—ask him that in Creole? SA Philippe Ki lòt moun ki Who else uses use telefòn sa? this phone? Christolin Sèl mwen Just me menm. SA Philippe The Samsung phone? SA Devane This is the Samsung the… Christolin Sèl mwen Just me. He says just him menm. SA Devane Would anyone else ever call this phone and ask for some- one other than you? SA Philippe Eske moun Do people call konn rele tele- this phone to ask fòn sa pou for, uh, other mande pou people? uh, lòt moun? Christolin Pou lòt moun? For other people? USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 25 of 42

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SA Philippe Yeah Christolin Non. Men te- No. But, the He said it’s his lefòn mwen, phone is mine. phone. He’s the se sèl pou I’m the only one only person they mwen yo ka they can call and can call and ask rele mande ask for. for. pou mwen. Cherubin Translation: Pg. 24-25. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 26 of 42

26 Opinion of the Court 23-13672

Participant Transcript Certified Trans- SA Philippe lation Translation SA Devane So, people call you Patizan? Christolin Ya. SA Ramirez Who calls you that? SA Philippe Ki moun ki Who calls you, rele w, um, ki um, who calls moun ki rele you Patizan? w Patizan? Christolin Bon, [U/I] Well, [U/I] there He said a lot of gen, gen are, there are sev- people call him plizyè moun. eral people Patizan. What does that mean Patizan? Christolin No, se kòmsi No, it’s like I He said the name m bezwen rele want to call Patizan is just a w— se just you— it’s just a nickname they yon non yo name they gave call him ban mwen. M me. I don’t want pa vle rele to call Amos or I Amos ou byen don’t want to call m pa vle rele you, just Patizan. w, just Pati- zan. Cherubin Translation: Pg. 31-32. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 27 of 42

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Participant Transcript Certified Trans- SA Philippe lation Translation Christolin Ya. Ou ka just Ya. You could just He said—he said rele m ou just call me, you just he could go pick di m al pran ask me to get up the per—pick yon bagay nan something from up something men yon moun someone for you, from somebody, pou w, m just I just go and get if they tell him al pran l. Moun it. The person it’s something, he lan ka di m se might tell it’s just won’t know. just tèl bagay, si something, if they moun lan pa don’t want me vle m konnen. know. It’s just me Se jus mwen by instinct, I menm pa en- could… sten, m gen dwa… Christolin But, si m pa But, if I don’t He said after—he konnen ou nan know you’re in told his brother anyen wrong, anything wrong; he went from si m konnen if I know some- Haiti—he went to something thing wrong Haiti, when he wrong about about you, I will came back they you, m ap exercise… That’s took his phone— ekzèse... Se why my brother [Voices overlap] . poutèt sa frè m who just would . . Uh, he went to la, li te just tell, he just told Haiti, they took konn di, li te me go get the his phone, he told just di m sa, al stuff, I said OK, his brother, he’s pran bagay la, next time, be- not gonna, uh, m di OK, next cause I do not meet with any- time, paske m want, I got back body else pa vle, m sot from Haiti, they Ayiti, yo just took my phone. I pran telefòn do not want to mwen, m pa speak, I don’t USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 28 of 42

28 Opinion of the Court 23-13672

vle pale, m pa need, don’t want bezwen, al to meet anyone rankontre ak that I don’t know. okenn moun mwen pa kon- nen. Christolin M pa vle pale I don’t want to He’s not gonna ak okenn talk to anyone talk to anybody moun m pa that I don’t know. he doesn’t know konnen. on the phone. [voice overlap]. Christolin M pa vle pale I do not want to ak okenn ke speak to no one moun mwen that I don’t know! pa konnen! M I just told him te jis di l sa. that SA Philippe So, ou di frè w So, you told your sa-- brother that-- SA Devane Let’s dig into that then. SA Philippe --then, ou kon- --then, you knew nen sa frè w t what your ap fè w fè? brother was mak- ing you do? SA Devane Mh! Christolin Noon, tande! Nooo, listen! I M just pa kon- just don’t know. nen. Paske m Because I just just konnen… know… When I Lè m vini m ap came I was telling di ti sè m sa. M my sister. I said di “Mirlène, ou “Mirlène, you konnen m sot know when I Ayiti, yo pran came from Haiti, telefòn mwen, they took my just I don’t phone, just I don’t USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 29 of 42

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know. M pa know. I don’t konnen si se lè know if it was m t ap pale ak when I was speak- David, kèk ing with David, bagay. M pa some stuff. I don’t konnen! Just sa know! Just what I m pwal di Da- will let David vid, next time, know, next time, pa pale avè m do not tell me de okenn ke about anyone that moun m pa I don’t know. konnen Christolin Because m pa Because I don’t He was explain- vle pale ak want to speak ing to his sis- okenn moun with anyone that I ter…He said if he ke m pa kon- don’t know. sent him to go to nen. Se sak fè That’s why I told somebody, uh, he m di misye the guy since I knows the person depi m vin isi, came here, I’ve he’s gonna go but m ap travay. M been working. if he doesn’t pa pè leve bonè I’m not afraid to know the person, m al travay. M get up early to go he’s not gonna do pa bezwen work. I don’t it anymore. konn anyen. want to know an- But, si m al ything. But, if I pran, si ou go get, if you voye m yon send me some- kote, m konn where, I know the moun lan, wi. person, yes. But, Men, si m pa if I don’t know konnen moun the person, I’m lan, m pa pale not talking to ak moun m pa people I don’t konnen ankò. know anymore. Cherubin Translation: Pg. 91-94. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 30 of 42

30 Opinion of the Court 23-13672

Participant Transcript Certified Trans- SA Philippe lation Translation Christolin M konn al pran I’m used to pick bagay nan men up things from moun, m pa ka people. I cannot di w m pa al say I don’t. But, pran. Men, si m if I tell you I’m di w m konn used just… just…[U/I]. [U/I]. SA Philippe Konbyen fwa, How many konbyen fwa w times, how many al chache yon times you went bag nan men to pick up a bag moun? Konbyen from someone? fwa w al How many chache… times you pick up… Christolin But, ou wè lè But, you see Matt [U/I] Edi- when Matt [U/I] son, m sonje m Edison, I remem- t al pran yon ber I picked up a bagay nan men bag from some- yon moun nan one in Edison. Edison SA Philippe He said—he He said—he said… Tann said… Wait just mwen yon one second! moman! Christolin Nan yon bag, yo In a bag, I was He said he re- te dim se te yon told it’s a gift. membered when kado. you brought up Edison he picked up something from somebody at Edison, um, it USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 31 of 42

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was in a bag in- side a [U/I]? Christolin Te di m sa se I was told to take He—he said the yon kado pou m the gift to his person told bay yon mennaj girlfriend him—[Voices li. overlap] Christolin [U/I] But, m te [U/I] But, I saw wè papye kado gift wrap inside ladan, nan yon the bag [U/I]. bag [U/I]. Cherubin Translation: Pg. 105. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 32 of 42

32 Opinion of the Court 23-13672

Participant Transcript Certified Trans- SA Philippe lation Translation SA Philippe Moun lan pat The person did louvri, moun not open, the per- lan pat montre son did not show w sa ki nan you what was in- bag la? side the bag? Christolin Non No SA Philippe So, nou pa So, we don’t gen… So, si m have… So, if I montre w …? show you…? Christolin Si moun lan If the person just jès ban mwen gave me the l… Si ou mon- bag… If you tre m foto show me the per- moun lan, m son’s picture, I pap sonje l. won’t remember SA Philippe No, no. Moun No, no. The per- lan just ba w son just gave you bag la and, ou the bag and you jis pran bag la, just took the bag, w ale? and left? Christolin M jis al pote l I just took it to bay moun lan? the person? Be- Paske… cause… SA Philippe Ki, ki moun Who, who did ou pote l bay? you take it? Christolin M te pote l bay I took it to a lady! yon dam! Christolin Dam lan The lady met me, He said—--he jwenn avè m li she met me… brought the bag jwenn avèm [yawning]. to a lady… nan… [baye] Christolin OK. [U/I] ap OK. [U/I] head- desann. M ing down. I jwenn ak caught up with USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 33 of 42

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moun lan la, the person, the dam la nan lady [Finger snap- [klake dwèt]-- ping]-- SA Ramirez What did he see? Did he look at it? Christolin --nan West --in West Dixie, He said he met up Dixie an ki san on eleventh. [U/I] with a lady at the onz lan. [U/I] I just gave [U/I] West Dixie on m just bay [Voice overlap] 111th Street, on [U/I] [Vwa 11th Avenue. On monte youn Eleventh Street, sou lòt] Seventh Avenue, he met up with a lady at a Win Dixie and gave her the bag Cherubin Translation: Pg. 110-111. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 34 of 42

34 Opinion of the Court 23-13672

Participant Transcript Certified Trans- SA Philippe lation Translation Christolin M just pa— I just did not—be- He said it was paske li gen cause it had a [U/I] paper yon pakèt bunch of [Stut- [Bege] flyer, ters] flyers, bal- blad ladan, ak loons inside with tout papye gift wraps inside. kado ladan Christolin M pa ouvri l. I did not open it. I M pa pèsiste did not insist on konnen sa ki finding out what ladan was inside. SA Philippe Kouman ou How did you see wè l te gen there were gift papye kado wraps inside if ladan si ou pa you didn’t open louvri l? it? Christolin Paske li pat Because it wasn’t He said the bag zipe! zipped! wasn’t zipped and he saw… Christolin Li pat zipe. It wasn’t zipped. He saw wrapping [U/I] Ou wè… [U/I] You see… paper in the bag, Ou jis… Ou, You just… Have the bag wasn’t ou konn wè you seen the re- zipped, he saw gwo bag ally huge bag wrapping paper [Bege] yo konn [Stutters] used to in the bag. pot kado yo? put gifts in? SA Philippe M konn sa w I see what you’re ap di a. talking about Christolin That’s it! SA Philippe So, ou wè So, you saw wrap- papye kado? ping paper? Christolin Yeah USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 35 of 42

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SA Devane Wrapping pa- per in… like tissue paper? SA Philippe Ki kalite? What type? SA Ramirez Or like a tube? Christolin Te gen tout They were in all koulè. Te gen colors. They had wòz, vè, but pink, green, but it’s a bag, for, it’s a bag, for the the big bag for big bag, for the the, for the gift. You know— gift. Ou konn— SA Philippe A duffle bag— Christolin --ou konn bag --you know the kado yo? gift bags? SA Philippe A duffle bag. Christolin Yeah SA Philippe A duffle bag Christolin But, ou kon- But, you know af- Oh, [U/I] he says nen lè ou fin ter you’re done [Stutters] when mete l anndan, putting it in, I just you go to like a ou [U/I] m jis see[U/I] a bunch party and then wè yon pakèt of paper. you kinda put… papye Cherubin Translation: Pg. 112-113. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 36 of 42

36 Opinion of the Court 23-13672

Participant Transcript Certified Trans- SA Philippe lation Translation SA Devane So… [Sighs] we’re so close here, we’re so close to the truth with you, that you’ve told—what I know is that the person you say you met had cocaine, um… I know he met you, because you just told me you met some- one by Edison school, he gave you a duffel bag—that’s the same story that my guy told. You’re telling me the bag was unzipped where you could see in- side. But you said the only thing I saw was tissue paper. Christolin Se pa sa, se pa That’s not it, sa sèlman m di that’s not all I non. [U/I] USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 37 of 42

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said, alright. [U/I]. SA Devane Correct me! Christolin The top, the The top, the top He said, that’s top bag la bag la [U/I]. But, what he saw at [U/I]. Men, m I did not insist on the top but he pat pèsiste al looking inside. didn’t go and look gade andedan at the bottom. l. Cherubin Translation: Pg. 116. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 38 of 42

38 Opinion of the Court 23-13672

Participant Transcript Certified Trans- SA Philippe lation Translation SA Philippe Banm, banm Let me, let me mande w yon ask you a ques- kesyon. Kon- tion. How many byen fwa, times, the per- moun lan, uh son, uh, you met you met up up with, you with, ou [U/I] [U/I] at Edison, at, at Edison, how many times konbyen fwa did you meet this ou meet up ak person? moun sa? Christolin Depi sèl lè a. Since that time. SA Philippe That’s the only time? Christolin Yeah SA Ramirez Who did he meet with at, at Edison? SA Philippe He said the per- son he met with at Edison----that gave him the bag, that’s the only time he met with him. Cherubin Translation: Pg. 120. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 39 of 42

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Participant Transcript Certified Trans- SA Philippe lation Translation SA Philippe So, nan travay So, you were at ou te ye? work? Christolin Yeah, nan taksi Yeah, I was driv- m t ap fè. ing the taxi. SA Philippe So, he was at So, he was at work? So, w al work? So, you cheche l nan went to pick him taksi? up in the taxi? Christolin Non, li just di No, he just told m men kote l me where he ye, m jwenn li. was, I went to M pran bagay meet him. I la pou li picked up the thing for him. SA Philippe Men, eske, But, were, were eske ou te nan you in a cab or…? taksi or…? Christolin Nan taksi m te I was in the cab He said he was at ye work, he met up with the guy. He was in his taxi. Cherubin Translation: Pg. 126. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 40 of 42

40 Opinion of the Court 23-13672

Participant Transcript Certified Trans- SA Philippe lation Translation Christolin Moun lan, The person [U/I], [U/I], just li di just told me men kote l where he was pake parked SA Philippe OK. The per- OK. The person son told him told him where where to park to park and you and ou just ale just went to him? bò kote l? Christolin Ya. Non, m Yeah. No, I just He told the per- just ap [U/I], [U/I], after that, son he was in taxi, apre sa, li just he told me that the person told di m men li. was him. Now, he him where to Koulyea, li di told me that’s park. And, that’s men li. Epi, him. Then, I told how they [U/I] mwen menm him too, that’s each other. tou, m di l m me in the taxi. nan yon taksi. SA Ramirez When was this? SA Philippe Kilè? When? Christolin M pa sonje dat I don’t remember He don’t remem- la. the date. ber the date. SA Ramirez A year ago, six months, three months? Christolin Mhh, m pa ka, Mhh, I can’t, I be- He said almost m kwè sa gen lieve that must be two years. nenpòt de zan. about a good two years. Christolin M pa sonje ex- I don’t remember He doesn’t re- actly exactly. member exactly. SA Ramirez Did he give any money? USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 41 of 42

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The guy…? [U/I] SA Philippe Eske mesye a Did the guy give ba w lajan? you money? Christolin Non No SA Philippe Eske ou ba l la- Did you give him jan? money? Christolin Non No He didn’t give the guy money, the guy didn’t give him money. Cherubin Translation: Pg. 129-130. USCA11 Case: 23-13672 Document: 70-1 Date Filed: 04/20/2026 Page: 42 of 42

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Participant Transcript Certified Trans- SA Philippe lation Translation Christolin How do you How do you say…? M pa say…? I don’t konnen. Moun know. The per- lan gen dwa son may know konn sa l pa fè what he’s doing, a, but mwen but me I may not menm m gen know if, if… dwa pa kon- nen si, si… SA Philippe Ki moun ki Who, who knows konn, konnen what they’re do- sa y ap fè a? M ing? I don’t un- pa konprann derstand what sa w di. you’re saying Christolin Non, pa No, for example, ekzanp, OK. OK. If… Si… SA Philippe Moun ki rele The person who w pou fè a…? called you to…? Christolin Yeah SA Philippe Mike…? Christolin M pa konnen. I don’t know. He said Mike may Yeah. Yeah. know what he’s doing, but he don’t know what Mike is doing Cherubin Translation: Pg. 131.