Convictions and sentences of two defendants for drug conspiracy are affirmed where: 1) the trial court did not commit plain error in admitting prior currency seizure evidence against a defendant; 2) the trial court did not commit plain error in giving limiting instruction with regard to the co-defendant's testimony of their guilty pleas; 3) the prosecutor's remarks, even if improper, were not plain error; 4) the district court utilized the correct sentencing procedures and did not place an unreasonable amount of weight on impermissible factors in sentencing a defendant; 5) the evidence was sufficient to conclude that co-defendant intended to join the conspiracy and his conviction was not a miscarriage of justice; 6) the district court did not plainly err in admitting the co-conspirators' statements against the co-defendant; 7) the drug quantities used in sentencing the co-defendant were supported by a preponderance of the evidence; 8) use of "acquitted conduct" in calculating the co-defendant's Guidelines range was not a violation of the Sixth Amendment; 9) the assignment of the two-level enhancement for possessing a firearm during commission of the drug conspiracy was reasonable; and 10) co-defendant's argument that his sentence is unreasonable as compared to his co-defendant's must fail as many of his co-defendants accepted responsibility and pled guilty, and some had a less substantial criminal history.
Argued: August 6, 2009
Decided and Filed: January 12, 2010
Opinion by Circuit Judge Siler
For Appellant: Brian R. Laxton, Mertens Laxton & Clement, PLLC
For Appellee: Kenneth P. Tableman, Kenneth P. Tableman, PC