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: Defense Newsletter Blog

Amede: Upholding Drug Conviction an Sentence Over Various Challenges

By Tim Cone

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In United States v. Amede, No. 18-11172 (Oct. 8, 2020) (Hull, William Pryor, Tjoflat), the Court affirmed the defendant?s conviction and sentence for attempted possession with intent to distribute five kilograms of cocaine. First, the Court upheld the denial of the defendant?s motion to exclude three recorded phone calls between a co-conspirator and undercover officer to arrange the drug deal. The Court held that the statements were admissible under the co-conspirator hearsay exception, because they were made during the course and in furtherance of the conspiracy, even if the defendant had not joined the conspiracy until after the calls were made (though he already had). Second, the district court did not constructively amend the indictment by omitting ?willfully? from the indictment's ?knowingly and willfully? allegation...continue to full post

Full post as published by Defense Newsletter Blog on October 08, 2020 (boomark / email).