United States DC Circuit

Conviction and sentence for conspiracy to possess and distribute one kilogram or more of heroin are affirmed over claims that: 1) the prosecutor committed reversible errors by commenting on the fact that defendant did not testify in his own defense, using the guilty pleas of co-conspirators as substantive evidence in the prosecution of appellant, and vouching for the credibility of Government witnesses; and 2) the District Court erred in failing to give an explicit instruction to the jury that the co-conspirators' guilty pleas could not be considered proof of defendant's guilt.

Appellate Information

• Decided 11/27/2007
• Published 11/27/2007

Judges

• Before: GINSBURG, Chief Judge, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Reita Pendry, appointed by the court, argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Leslie A. Gerardo, Assistant U.S. Attorney, argued the cause for appellee.   On the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese III, Mary McCord, and Elizabeth Gabriel, Assistant U.S. Attorneys.