US v. Cruz-Rea, 09-3591

Convictions for drug-related crimes affirmed

US v. Cruz-Rea, 09-3591, concerned a challenge to defendants' convictions and sentences for conspiracy to possess with intent to distribute cocaine and for possession with intent to distribute cocaine.

In affirming, the court held that the district court did not abuse its discretion in determining that hte government had laid sufficient foundation for the officer's voice identification testimony under Rule 901(b)(5).  The court also held that the district court did not abuse its discretion in admitting the transcripts at trial, allowing the jury to use transcripts that named defendants as speakers, and permitting the jury to use the transcripts during deliberations, nor in admitting non-hearsay co-conspirator statements as the statements were made in furtherance of the conspiracy because they were arguably made to recruit a new member into the conspiracy.  Also, there is no clear error with the district court's factual findings with respect to the offense level increase.  Lastly, because the automobile exception to the warrant requirement was satisfied, district court did not err in its determination of probable cause.

Related Link:

• Read the Seventh Circuit's Full Decision in US v. Cruz-Rea, 09-3591