US v. Neighbors, No. 09-1113

Sentence and conviction of defendants for conspiracy to possess and distribute crack cocaine is affirmed where: 1) the district court did not err in denying defendants' motion for a mistrial because, although the venire lacked any African-Americans, defendants did not show that systematic exclusion of African-Americans caused this void; 2) the district court did not abuse its discretion in allowing a detective to identify defendants' voices on the wiretap tapes; 3) the district court did not abuse its discretion when it allowed the jury to take transcript books back to the deliberation room; 4) the district court did not abuse its discretion in excluding letters written by a witness, even under Rule 613; 5) there was no error in denying defendants' motion for directed verdict based on the variance between the verdict and the indictment; and 6) there was no error in sentencing one of the defendants within the highest possible point in the Guidelines range.     

Read US v. Neighbors, No. 09-1113

Appellate Information

Appeal from the United States District Court for the Southern District of Indiana, Evansville Division

Decided December 29, 2009

Judges

Before:  Flaum, Wood and Sykes, Circuit Judges

Opinion by  Flaum, Circuit Judge