United States Fifth Circuit

Convictions and sentences related to a major drug-trafficking conspiracy are affirmed over defendants' arguments that: 1) the evidence was insufficient to support the jury's verdict; 2) the district court erred in refusing to sever the trials of the co-defendants; 3) the district court violated evidentiary rules in admitting a proffer letter to a defendant from the government; 4) the government failed to provide all evidence favorable to a defendant; 5) admission of certain evidence violated the due process clause of the Fifth Amendment; 6) the court's limiting instruction regarding a defendant's testimony was prejudicial; and 7) the sentences were procedurally flawed and substantively unreasonable.

Appellate Information

• Decided 02/11/2009
• Published 02/11/2009

Judges

• LESLIE H. SOUTHWICK, Circuit Judge:, Before JONES, Chief Judge, and OWEN and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, Mark Randolph Stelmach (argued), Asst. U.S. Atty., Austin, TX, for U.S., John F. Carroll (Argued), San Antonio, TX, for Fernandez., Ray Ray Velarde (argued), El Paso, TX, for Marquez., Joseph Sib Abraham, Jr. (argued), El Paso, TX, for Marquez-Ramos.