United States Tenth Circuit

Defendant's drug conspiracy conviction and sentence are affirmed where: 1) defendant's appellate brief failed to support her Speedy Trial Act claim with a recognizable legal argument, and failed to explain her position on the facts and posture of the case; 2) in view of the trial judge's careful instructions to the jury and the fact that a prejudicial photo array only appeared on the first two days of a two-week long trial, any error was harmless; 3) all statements of witnesses were provided, as the Jencks Act required, following their testimony on direct examination at the latest, and statements of a number of witnesses had been provided well before that deadline; and 4) any error in refusing to give an instruction requiring specific unanimity was clearly harmless beyond a reasonable doubt.

Appellate Information

• Decided 05/07/2010
• Published 05/07/2010

Judges

• HOLLOWAY, Circuit Judge., Before LUCERO, HOLLOWAY and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David Kubichek, Assistant United States Attorney, District of Wyoming (Stephanie I. Sprecher, Assistant United States Attorney, and Kelly H. Rankin, United States Attorney, District of Wyoming, with him on the brief) for the Plaintiff-Appellee., Jeffrey R. Edelman, Parker, Colorado, for the Defendant-Appellant.