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United States Sixth Circuit


US v. Wheaton, 06-4080

A conviction and sentence for drug-related offenses is affirmed over challenges to: 1) the district court's failure to grant him a new trial based on juror misconduct involving the use of a laptop computer by a juror during jury deliberations; 2) instructions given to the jury about the credibility of certain witnesses; 3) the admission of a photograph of the firearm in question that was found near the location of his arrest; 4) the sufficiency of the evidence to support his conviction; 5) the procedural reasonableness of his sentence, including the district court's calculation of the Guidelines range; 6) the substantive reasonableness of his sentence; and 7) the fundamental fairness of his trial based on cumulative error.

Appellate Information

  • Decided 02/19/2008
  • Published 02/19/2008

Judges

  • Before: GUY, GILMAN, and McKEAGUE, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Vicki L. Ward, Cleveland, Ohio, for Appellant.  Samuel A. Yannucci, Assistant United States Attorney, Akron, Ohio, for Appellee.   ON BRIEF:  Vicki L. Ward, Cleveland, Ohio, for Appellant.  Samuel A. Yannucci, Assistant United States Attorney, Akron, Ohio, for Appellee.
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