United States Eighth Circuit

Defendants' cocaine distribution convictions and sentences are affirmed where: 1) the indictment was not duplicitous because the evidence, viewed most favorably to the verdict, sufficiently established a single conspiracy between defendants; 2) to meet its burden, the government needed to show only that each defendant conspired with others within the limitations period; and 3) a reasonable juror would not naturally and necessarily interpret a codefendant's opening statement as commenting on defendants' failure to testify.

Appellate Information

• Decided 01/21/2010
• Published 01/21/2010

Judges

• BENTON, Circuit Judge., Before COLLOTON, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Daniel W. Schermer, argued, Minneapolis, MN, for Appellant, Antwoyn Terrell Spencer., Richard S. Virnig, argued, Minneapolis, MN, for Appellant, Derrick Jerome Spencer.


• For Appellees:
  
• Jeffrey S. Paulsen, U.S. Attorney's Office, argued, Minneapolis, MN, for Appellee.