United States Third Circuit

Conviction and sentence for conspiracy to possess with intent to distribute cocaine is affirmed, where: 1) the mere fact that the investigators did not ask defendant about the drug conspiracy does not relieve him of his evidentiary burden under the safety valve provision U.S.S.G. section 5C1.2(a)(5); 2) defendant's Brady claim appears to be manufactured in that he was able to obtain the evidentiary materials through alternative means, and thus failed to diligently seek discovery; 3) the district court did not abuse its discretion in allowing the admission of drug evidence given that its probative value substantially outweighed its possible prejudice; 4) defendant's allegations of juror misconduct fail to rise to the level of clear, strong, substantial, and incontrovertible evidence that a specific, nonspeculative impropriety has occurred; and 5) defendant was not denied a fair and impartial jury as two jurors engaged in unauthorized contact were thoroughly examined, sequestered, and ultimately excluded from deliberations.

Appellate Information

• Decided 08/18/2014
• Published 08/18/2014

Judges

• Fisher

Court

• United States Third Circuit

Counsel