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Co-Defendants' Drug Conspiracy Convictions Affirmed

By Shari Allison

U.S. v. Doddles, 2008 WL 4061054 (9/3/08) (Published) - There was sufficient evidence the defendant possessed ecstasy pills and a firearm found in another person's bedroom, [despite no evidence he had a gun or drugs on the date the firearm and drugs were found] in light of the defendant's access to that bedroom, his involvement in other drug transactions and shooting episodes, his membership in the gang that was connected to the pills and firearm, and his presence in the residence with the bedroom. Any error in the prosecution's elicitation from various witnesses of testimony that the gang threatened the witnesses and the witnesses feared retaliation was not plain and did not affect the defendant's substantial rights. Some of the testimony explained the witnesses' prior inconsistent statements and countered the defense's cross-examination...continue to full post

Full post as published by Tenth Circuit Blog on September 09, 2008 (boomark / email).