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Joseph: Affirming Heroin Convictions Over Various Challenges

By Tim Cone

In United States v. Joseph, No. 19-11198 (Oct. 27, 2020) (Hull, William Pryor, Tjoflat), the Court affirmed the defendant?s drug convictions and sentence.First, the Court upheld the denial of a motion to suppress.  An officer testified that he saw drugs inside the car and, although two witnesses testified that they could not see through the tinted, the district court did not clearly err by crediting the officer?s testimony. Second, the Court found no error in the district court?s denial of three motions for mistrial.  The prosecutor?s reference to the defendant?s false identity did not warrant a mistrial because it was inextricably intertwined with the drug offense and thus admissible at trial.  An officer?s testimony about the dangers of fentanyl did not violate Rule 403...continue to full post

Full post as published by Defense Newsletter Blog on October 27, 2020 (boomark / email).