United States DC Circuit

Defendants' convictions and sentences on charges of conspiring to traffic in narcotics and other related crimes are affirmed over claims of error regarding: 1) admission of evidence that defendant failed to file federal income tax returns; 2) the use of two particular binder tabs accompanying a transcript of recorded conversations played at trial; 3) the unreasonable harshness of the sentence; 4) denial of a motion to suppress without holding an evidentiary hearing or allowing defendant to be present; 5) denial of a request for an entrapment instruction; 6) imposition of a life sentence; 7) the admission of expert testimony about the typical operations of narcotics dealers; and 8) the expert testimony of a forensic chemist. However, one defendant's conviction for conspiring to launder money and another defendant's conviction for maintaining a drug residence are reversed and remanded where: 1) the evidence was insufficient to support a conviction for conspiring to launder money; 2) the conviction for selling crack cocaine merges with a conviction for selling the same drugs near a school, and one conviction is vacated for violation of the Double Jeopardy Clause; and 3) insufficient evidence supported a conviction of maintaining a drug residence.

Appellate Information

• Argued 02/01/2008
• Decided 06/13/2008
• Published 06/13/2008

Judges

• Before:  GINSBURG, BROWN, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert A. Ratliff argued the cause and filed briefs and Jonathan Zucker filed a brief for appellant William Farrell., Michael T. Morley argued the cause for appellant Nathaniel Law. With him on the briefs was Katherine Leong., Joseph Virgilio, appointed by the court, argued the cause and filed the briefs for appellant Carroll Fletcher.


• For Appellees:
  
• Katherine M. Kelly, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese, III, Mary B. McCord, Kenneth F. Whitted, and George P. Eliopoulos, Assistant U.S. Attorneys.  John P. Gidez, Assistant U.S. Attorney, entered an appearance.