United States Sixth Circuit

Conviction of defendant for various drug and firearm related offenses and sentence of 684 months' imprisonment are affirmed where: 1) it is unnecessary to decide whether the implied-bias doctrine remains viable or which standard of review is appropriate in this case as defendant cannot demonstrate implied bias under any standard of review; 2) the district court clearly did not abuse its discretion in crafting the jury instructions as it properly conveyed a reasonable interpretation of 21 U.S.C. section 856 and included a definition of "purpose" that has been adopted by a majority of relevant courts; 3) jury instructions did not constitute a constructive amendment of the indictment; 4) there was sufficient evidence to support the conviction; and 5) defendant's sentence is affirmed as district court's factual conclusions regarding proceeds defendant derived from the sale of cocaine base were not clearly erroneous.

Appellate Information

• Argued 11/19/2009
• Decided 02/19/2010
• Published 02/19/2010

Judges

• Before MERRITT, GIBBONS, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:John T. Schuring, Dickinson Wright PLLC, Grand Rapids, Michigan, for Appellant. Nils R. Kessler, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF:John T. Schuring, Dickinson Wright PLLC, Grand Rapids, Michigan, for Appellant. Nils R. Kessler, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.