United States Fourth Circuit

District court's convictions of two gang members following a joint trial for various drug and conspiracy related offenses, including conspiracy to participate in a racketeering enterprise (RICO) in violation of 18.U.S.C. section 1962(d), are affirmed where: 1) the drug type and quantity analysis presented to the jury by the government at trial was well supported by a witness who competently testified as to the report's results; 2) district court did not err in admitting the 911 calls made in relation to a shooting as the calls were not testimonial in nature; 3) district court did not err in admitting an officer's testimony regarding shell casings found at the murder scenes; 4) the district court did not err in declining the defendants' requested jury instruction because a defendant need not have a managerial role in an enterprise to be convicted of violating section 1962(d); and 5) defendant's challenges to his sentence are without merit.

Appellate Information

• Decided 07/26/2012
• Published 07/26/2012

Judges

• Floyd

Court

• United States Fourth Circuit

Counsel