United States Fifth Circuit

Defendant's conviction for conspiracy to possess with intent to distribute cocaine, and aiding and abetting possession with intent to distribute cocaine, is vacated and remanded for a new trial in light of Crawford v. Washington, 541 U.S. 36 (2004), as the government failed to demonstrate beyond a reasonable doubt that certain tainted evidence did not contribute to defendant's conviction.

Appellate Information

• Decided 03/12/2008
• Published 03/13/2008

Judges

• JERRY E. SMITH, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Jeffery Alan Babcock (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.


• For Appellees:
  
• Ryan Edward Bull (argued), Baker Botts, Washington, DC, for Defendant-Appellant.