US v. Spencer, No. 09-1196

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.

Read US v. Spencer, No. 09-1196

Appellate Information

Submitted: October 20, 2009

Filed: January 21, 2010

Judges

Opinion by Judge Benton

Partial Concurrence and Partial Dissent by Judge Beam