United States Fourth Circuit

In six defendants' appeal from convictions of conspiracy to commit robbery of cocaine from stash house of drug cartel and related crimes, judgment of convictions are affirmed, where: 1) a codefendant's redacted statement that refers to the existence of another person through neutral phrases is admissible; 2) the district court did not abuse its discretion by denying defendants' motions to sever, and defendant Min's redacted confession was properly admitted against him with a limiting instruction; 3) factual impossibility is not a defense to the crime of conspiracy; 4) the evidence was more than sufficient to sustain each conviction; 5) the agent's testimony was based on his personal perception and was properly admitted; and 6) no reasonable probability exists that the correction of the erroneous form influenced the jury's decision, and even if error, it was harmless.

Appellate Information

• Decided 01/03/2013
• Published 01/03/2013

Judges

• DUNCAN

Court

• United States Fourth Circuit

Counsel