United States Sixth Circuit

Convictions and sentences for conspiracy to possess crack cocaine and possession of crack cocaine with the intent to distribute are affirmed over collective or individual claims of error that: 1) the evidence was insufficient to support a conspiracy; 2) there was a prejudicial variance between the indictment and the proof at trial; 3) the district court improperly denied a motion for a severance; 4) the district court made erroneous evidentiary rulings; 5) the district court improperly refused to grant a mistrial in response to improper outbursts by government witnesses; 6) the district court gave erroneous jury instructions; 7) sentences were unconstitutional or unreasonable under Booker; and 8) a defendant was denied effective assistance of counsel.

Appellate Information

• Decided 12/04/2006
• Published 12/04/2006

Judges

Court

• United States Sixth Circuit

Counsel