United States Sixth Circuit

Defendants' convictions arising from their involvement in a large drug conspiracy are affirmed where: 1) the district court properly sustained an objection to a former IRS agent's tax return testimony and struck that testimony from the record, and no further response was necessary; 2) allowing agent's testimony that defendant was a "driver" for the conspiracy was not an abuse of discretion because this testimony was part of the agent's expert testimony about the structure of the cocaine conspiracy, a matter not within the ordinary knowledge of jurors; and 3) a failure to instruct the jury about the different forms of witness testimony was an error, but it was not plain error; 4) as to other defendant, evidence from a traffic stop was properly admitted because the vehicle was stopped for speeding and all extensions of the stop were supported by reasonable suspicion; 5) sufficient evidence sustained the jury verdict; and 6) any error resulting from the district court's failure to instruct the jury that "proceeds" means "profits" was not plain because the controlling opinion of the relevant Supreme Court decision expressly stated that a "profits" definition was not appropriate where the laundered money had been acquired from distributing contraband.

Appellate Information

• Argued 03/04/2010
• Decided 04/07/2010
• Published 04/07/2010

Judges

• Before SILER and ROGERS, Circuit Judges; BELL, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Sidney Kraizman, Kraizman & Kraizman, Detroit, Michigan, John M. McManus, McManus Law, Birmingham, Michigan, for Appellants. Daniel R. Hurley, Assistant United States Attorney, Detroit, Michigan, for Appellees. ON BRIEF:Sidney Kraizman, Kraizman & Kraizman, Detroit, Michigan, John M. McManus, McManus Law, Birmingham, Michigan, for Appellants. Daniel R. Hurley, Assistant United States Attorney, Detroit, Michigan, for Appellees.