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US v. Powell, No. 09-11612

By FindLaw Staff on December 29, 2010 3:06 PM

Drug Conspiracy Convictions Vacated in Part

In US v. Powell, No. 09-11612, the court affirmed in part defendant's convictions and sentences for criminal conspiracy to possess and distribute cocaine and marijuana for the reasons stated by the district court.  However, the court vacated in part where the district court erred by rejecting the magistrate judge's credibility determinations without first holding a new hearing: a hearing to see as well as to hear the pertinent witnesses.

  • As the court wrote:  "This case presents two consolidated appeals of convictions for participation in drug crimes, including a criminal conspiracy to possess and distribute cocaine and marijuana.   Christopher Powell and Abram Thompson were convicted following a jury trial and appeal many issues from their trial, convictions, and sentences."

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