United States Tenth Circuit

A conviction and sentence on charges related to a drug conspiracy is affirmed over claims that the district court erred in: 1) allowing the government to introduce evidence of a double murder, specifically graphic photographs; 2) instructing the jury that it could consider evidence of the murders even if the government had not proved defendant's participation beyond a reasonable doubt; 3) failing to grant defendant a new trial based on a Brady violation; 4) denying a new trial on grounds that the government in bad faith intentionally destroyed exculpatory evidence; 5) admitting evidence without an appropriate chain of custody; 6) not finding a Batson violation when the government used a peremptory challenge to remove an African-American during venire; and 7) improperly applying a sentence enhancement provision for obstruction of justice.

Appellate Information

• Decided 07/23/2008
• Published 07/24/2008

Judges

• HENRY, Chief Judge., Before HENRY, Chief Judge, TACHA, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Thomas D. Haney, Henson, Clark, Hutton, Mudrick & Gragson, LLP, Topeka, KS, for Defendant-Appellant., Anthony W. Mattivi, Assistant United States Attorney (Eric F. Melgren, United States Attorney and James A. Brown, Assistant United States Attorney, on the brief) Topeka, KS, for Plaintiff-Appellee.