US v. Alviar, No. 07-2333
Conviction and sentence for drug crimes and conspiracy is affirmed where: 1) the district court did not abuse its discretion in admitting evidence of defendants' gang affiliation as it was relevant to proving the allegations set forth in the indictment; 2) court did not err in refusing to sever defendant Madrigal from the trial; 3) the court properly accepted the government's Santiago proffer, as it gave the court sufficient evidence to conclude that the government met the preconditions for admission of co-conspirator statements; 4) the court did not err in allowing testimony about a prior consistent statement of a witness who was alleged to have fabricated testimony about defendant Delgado-Rios or in allowing defendant's mother-in-law to testify; 5) the prosecutor's disputed statement was not improper vouching, and the improper remark did not render defendant Delgado-Rios's trial fundamentally unfair; 6) the court did not abuse its discretion in denying defendant Meloro's motion to bifurcate the trial; 7) the court did not err in enhancing defendant Tejada's offense level based on leadership; and 8) the court properly sentenced defendant Madrigal based on the drug quantities within the range found by the jury.
Read US v. Alviar, No. 07-2333
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.
Argued April 15, 2009
Decided July 23, 2009
Before FLAUM, RIPPLE, and SYKES, Circuit Judges.
Opinion by FLAUM, Circuit Judge.
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