United States Sixth Circuit

Convictions and sentences of two defendants for drug conspiracy are affirmed where: 1) the trial court did not commit plain error in admitting prior currency seizure evidence against a defendant; 2) the trial court did not commit plain error in giving limiting instruction with regard to the co-defendant's testimony of their guilty pleas; 3) the prosecutor's remarks, even if improper, were not plain error; 4) the district court utilized the correct sentencing procedures and did not place an unreasonable amount of weight on impermissible factors in sentencing a defendant; 5) the evidence was sufficient to conclude that co-defendant intended to join the conspiracy and his conviction was not a miscarriage of justice; 6) the district court did not plainly err in admitting the co-conspirators' statements against the co-defendant; 7) the drug quantities used in sentencing the co-defendant were supported by a preponderance of the evidence; 8) use of "acquitted conduct" in calculating the co-defendant's Guidelines range was not a violation of the Sixth Amendment; 9) the assignment of the two-level enhancement for possessing a firearm during commission of the drug conspiracy was reasonable; and 10) co-defendant's argument that his sentence is unreasonable as compared to his co-defendant's must fail as many of his co-defendants accepted responsibility and pled guilty, and some had a less substantial criminal history.

Appellate Information

• Argued 08/06/2009
• Decided 01/12/2010
• Published 01/12/2010

Judges

• Before SILER, GIBBONS, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Brian R. Laxton, Mertens, Laxton and Clement, PLLC, East Lansing, Michigan, Kenneth P. Tableman, Kenneth P. Tableman, P.C., Grand Rapids, Michigan, for Appellants. John C. Bruha, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF:Brian R. Laxton, Scott A. Mertens, Mertens, Laxton and Clement, PLLC, East Lansing, Michigan, Kenneth P. Tableman, Kenneth P. Tableman, P.C., Grand Rapids, Michigan, for Appellants. John C. Bruha, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.