Block on Trump's Asylum Ban Upheld by Supreme Court
Defendants' cocaine distribution convictions and sentences are affirmed where: 1) the indictment was not duplicitous because the evidence, viewed most favorably to the verdict, sufficiently established a single conspiracy between defendants; 2) to meet its burden, the government needed to show only that each defendant conspired with others within the limitations period; and 3) a reasonable juror would not naturally and necessarily interpret a codefendant's opening statement as commenting on defendants' failure to testify.
Submitted: October 20, 2009
Filed: January 21, 2010
Opinion by Judge Benton
Partial Concurrence and Partial Dissent by Judge Beam