Cocaine Conviction Vacated
In US v. Jackson, No. 09-10850, the court vacated defendant's conviction and sentence, following a jury trial, for conspiring to possess with intent to distribute more than five kilograms of cocaine, where certain notebooks introduced into evidence were not sufficiently authenticated, the error violated defendant's rights under the Confrontation Clause, and the error was not harmless.
As the court wrote: "Colin Dalawn Jackson ("Jackson") appeals his conviction and sentence,
following a jury trial, for conspiring to possess with intent to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. § 846. Jackson primarily argues that the district court erred in admitting into evidence two notebooks received from Jackson's alleged coconspirator during a proffer session. The coconspirator did not testify or otherwise authenticate the notebooks, but they purportedly show the quantity of cocaine the coconspirator distributed to Jackson."
- Read the Fifth Circuit's Decision in US v. Jackson, No. 09-10850