United States DC Circuit

Defendant's drug conspiracy conviction and sentence are affirmed where: 1) even if admitting a list of names found in defendant's possession was error, it was harmless in light of its limited importance and the strength of the other evidence against defendant; 2) defendant failed to identify any unfair prejudice associated with the admission of a firearm permit possessed by defendant's associate or the testimony about defendant's driver's guns; 3) challenged jury instructions allowed a permissive inference rather than requiring a presumption of criminal intent; and 4) defendant's sentence did not violate Apprendi because it was less than the statutory maximum.

Appellate Information

• Argued 02/19/2010
• Decided 03/30/2010
• Published 03/30/2010

Judges

• Before:  HENDERSON and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Carmen D. Hernandez, appointed by the court, argued the cause for the appellant.


• For Appellees:
  
• Stephan E. Oestreicher Jr., Attorney, United States Department of Justice, argued the cause for the appellee.  Lanny A. Breuer, Assistant Attorney General, Gary G. Grindler, Deputy Assistant Attorney General, and Brian M. Tomney, Attorney, were on brief.  Teresa A. Wallbaum, Attorney, and Roy W. McLeese III, Assistant United States Attorney, entered appearances.