United States Sixth Circuit
US v. Cecil, 08-5080
District court's conviction of a former police officer for drug related offenses and imposition of a 144-month sentence are affirmed where: 1) district court did not err in rejecting defendant's Batson challenge as defendant has failed to meet his burden of demonstrating purposeful discrimination on the part of the government; 2) defendant's argument that bank records were irrelevant and therefore inadmissible is rejected; 3) defendant has failed to demonstrate that the district court abused its discretion in admitting the summary charts of his bank records; 4) district court was well within its discretion when it concluded that Rule 803(6) was inapplicable in excluding two versions of a report prepared by an officer; 5) defendant's argument that the Hobbs Act's jurisdictional nexus went unfulfilled is rejected as there is evidence in the record from which a reasonable juror could conclude that the cocaine traveled from Georgia to Tennessee; 6) there was ample evidence that the firearm had some "purpose of effect" with regard to the theft of the cocaine; 7) sufficient evidence supported defendant's conviction for conspiring to distribute cocaine; 8) there was sufficient evidence to establish the elements of aiding and abetting the possession; and 9) defendant's claims regarding his sentence are rejected.
Appellate Information
- Argued 01/12/2010
- Decided 08/10/2010
- Published 08/10/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Kathleen G. Morris, Tritia Lindsay Yuen