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US v. King, 09-1974

By FindLaw Staff on December 03, 2010 | Last updated on March 21, 2019

Drug conspiracy conviction of a high-ranking gang member

US v. King, 09-1974, concerned a challenge to a conviction of defendant for conspiracy to possess with intent to distribute in excess of five kilograms of cocaine and attempted possession with intent to distribute 500 grams or more of cocaine, and a 240-month sentence.

In affirming, the court held that the district court did not err in denying defendant's motion to suppress the "sham" kilogram of cocaine found in defendant's restaurant, in admitting gang-related evidence under Federal Rules of Evidence 403 and 404, nor in refusing to instruct the jury on entrapment.  Also, district court properly denied defendant's motion for a new trial without questioning the jurors about a note stating that some jurors had concerns regarding personal safety and security.  Lastly, the evidence was sufficient to support defendant's conviction on the conspiracy count.

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