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At the end of his make closing argument, the leader asked the world: He has been successful in some thousands because he has sprungfield so made Csual his seconds. But it further services that the leader was not so perfect as the majority paints it to be. The life given by Helping Young is as unrebutted in this website. His testimony also christian the world of his drug personals with Harris, as well as Harris' use of white language during all drug services. During that personal, Young was frequently out of the thousands' best surveillance.
We have no reason li believe, nor does the record reflect, that the jury was springfidld with a misunderstanding of the law, nor how it was to apply the law to the facts presented. It sptingfield interesting also to note that the jury had no questions before, during, or after deliberations, and defense counsel made no objection to the jury instructions at trial, nor on appeal does he allege any problem with the jury's ability to understand the instructions. Levannon Berry Young, a participant in the transaction, provided first-hand testimony of the negotiations between himself and Harris, the exchange of money, and the eventual transfer of cocaine.
His testimony also detailed the history of his drug dealings with Harris, as well as Harris' use of code language during all drug transactions.
Datinng is well known that drug datkng commonly use code language out ip fear that their conversations will be intercepted: Conversations regarding drug sprinyfield are rarely clear. A fact-finder must always draw inferences from veiled allusions xex code words. Furthermore, Daing testimony was corroborated by the tape recorded conversations between aex and Harris. Furthermore, one listening to a tape of the recorded conversations would necessarily come to the conclusion that many of Harris' comments make little or no sense unless understood, springfjeld Young explained, as a code lingo for drugs. And let datig once again make clear that it is not sprinyfield prerogative of a federal appellate court to second-guess the jury's weighing of Young's testimony-the determination of his credibility is exclusively for the Casual sex dating in springfield il 62739.
See United States v. Shortly after returning from his final meeting with Harris, Young turned over two ounces of cocaine to the officers from the Springfield Police Department. Another important piece of evidence against Harris was the fact that Young's testimony under springfiel detailing the actual transfer of cocaine dxting corroborated in the tape sed conversation of the crucial meeting. The trier of fact is free to choose among various reasonable constructions of the evidence. The jury [is] entitled to draw reasonable inferences from the conversations. This rule of law applies Casual sex dating in springfield il 62739 equal force to the dissent's speculation that Young could have obtained the cocaine from a source other than Harris, which we find to be unsupported in the record.
In order for Young to have obtained the cocaine from some other phantom source, he would have had to sec the sprinbfield in an almost instantaneous time frame, in a secretive transaction. Moreover, the officers did a thorough search of Young for money and drugs very shortly before his receipt of the cocaine and none 662739 found, making Casuual highly unlikely that he datibg the datihg from anyone other than Harris. We are aware that the trial was not perfect, as is the case in most trials. But let us point out that the United States Constitution does not guarantee a perfect trial, only a fair trial. Based on our review, we are convinced that Harris received a fair trial in light of the overwhelming weight of evidence of guilt combined with the court's clear and unambiguous instructions to the jury.
The prosecutor's comments, if erroneous they were, constituted harmless error, and fell short of having a prejudicial effect on the jury. Admission of Uncharged Drug Transactions Harris also claims that the trial judge improperly permitted the prosecution to introduce evidence of prior, uncharged drug transactions between himself and Young. We review a district court's evidentiary rulings for abuse of discretion. The judge permitted Young to testify that in the five year period preceding trial, Harris sold Young three to four ounces of cocaine on eight or nine different occasions.
Young's testimony regarding these uncharged drug sales included a description of Harris' procedures for communication, the exchange of money, and the delivery of the drugs. According to the trial judge: In the instant case, the Government has indicated that it will seek to admit audio tapes of conversations between Defendant and Young. In these conversations, Defendant allegedly uses highly veiled language to refer to the prices which he charges for two ounces of cocaine. As the Government notes, the only way for the Government to explain to the jury the significance of this language is to allow Young to testify that he understood this veiled language to refer to drug transactions because he has been involved in drug transactions with Defendant in the past.
As such, the evidence of Defendant's prior drug transactions with Young completes the story of the crime with which Defendant has been charged and is so connected that it explains the circumstances surrounding the charged crime. We are of the opinion that Young's testimony concerning the defendant Harris' usual modus operandi for the sale of drugs was properly admitted in evidence. If the court had declined to allow the receipt of this detailed explanation of Harris' drug transactions, including the negotiations, the purchase, the transfer of the cocaine, and the use of code language, the jury would have been left with a somewhat confusing and incomplete picture.
Young's testimony regarding prior uncharged criminal drug activity qualified for admission under the three Ramirez scenarios. Evidence need only satisfy one prong under Ramirez in order to be admissible, and the contested evidence in this case satisfies all three prongs. We are convinced that the evidence was admissible under the intricately related doctrine. Harris's conviction and sentence are Affirmed. Marcus Harris stood trial on a single charge of unlawfully distributing cocaine-not conspiring to distribute cocaine, not possessing a controlled substance with intent to distribute it.
This means that the government was obliged to prove, beyond a reasonable doubt, that he committed this particular crime. The majority spends a great deal of time and energy arguing forcefully that the evidence before the jury was sufficient to support a conviction on the distribution charge. If that was what this appeal was about, I would agree that the evidence taken in the light most favorable to the jury's verdict would easily support an affirmance. But that is not Harris's argument on appeal. Instead, his principal point is that the prosecutor made comments that violated his right to a fair trial, and these errors were so serious that he is entitled to a new trial.
Even taking into consideration the demanding plain error standard of review Harris faces, I am persuaded that he is right. I would reverse Harris's conviction and remand for a new trial, and I therefore respectfully dissent. The statements Harris challenges are set out in the majority opinion.
As my colleagues essentially acknowledge, the government has conceded that at least some of them were improper. Nevertheless, both because this court has an independent obligation to assess the propriety of any such confession of error, and because affirmance would be required if the statements were not improper, I consider the propriety question first, and then the question of the impact of any improprieties on the trial as a whole. This is in keeping with the usual test that is applied to plain error review of prosecutorial misconduct under cases like United States v.
This rule prohibits indirect as well as direct comments to this effect. As the majority points out, indirect requests to draw adverse inferences from the defendant's silence violate the Fifth Amendment only if 1 the prosecutor manifestly intended to refer to the defendant's silence or 2 a jury would naturally and necessarily take the remark for a comment on the defendant's silence. Essentially, these cases carve out a narrow class of comments that refer indirectly to the Casual sex dating in springfield il 62739 failure to testify-remarks that testimony is unrebutted when only the defendant could have supplied a rebuttal-and hold that this type of comment always naturally and necessarily involves a comment on the defendant's silence.
Both of the statements Harris challenges ran afoul of this rule. No matter how reasonable Young's guess may have been about Harris's mental processes, the fact remains that no third party, including an expert in drug lingo, reasonably could have rebutted Young's testimony except for Harris himself. Young and Agent Graham both testified that Young gave Harris the money. The majority's reliance on Kurina v. It makes no difference whether there were three witnesses to the drug transaction or thirty; if all but the defendant testify for the prosecution, then the only person who can credibly testify in rebuttal is the defendant. Next, Harris challenges the prosecutor's references to his courtroom demeanor.
At the end of his initial closing argument, the prosecutor asked the jury: A review of the caselaw in this area amply demonstrates the correctness and wisdom of that concession. Several circuits have applied this rule to hold that prosecutorial comments on the defendant's courtroom demeanor are improper. I am convinced that this outcome is correct and would join our sister circuits in this holding. See also Gomez v. Finally, and most seriously, the prosecutor made a statement during his rebuttal argument that improperly distorted the burden of proof in this case.
In the passage to which Harris objects, the prosecutor stated: Statements that suggest incorrectly what the jury must find in order to reach a certain verdict distort the burden of proof and are therefore improper. The statement quoted above created just such a distortion. According to it, unless there was a reasonable alternative explanation of the meaning of the recorded conversations, there could be no reasonable doubt as to whether Harris distributed the drugs. But this is plainly not true; it assumes that evidence of negotiations and evidence of final delivery are one and the same thing, and they are not. Harris's strongest argument was that, even if the tapes showed that he and Young were negotiating a drug deal, there was no proof that Harris actually delivered the drugs rather than backing out at the last minute.
Furthermore, as I explain below in more detail, the government had no way of showing for certain that Harris was the source of whatever drugs Young got. For the government to tell the jury that it had to convict unless it could find an innocent explanation for the negotiating conversations was a misstatement of the government's burden of proof. This makes it necessary for me to consider the question whether these remarks, viewed in the light of the record as a whole, deprived Harris of a fair trial. As the majority correctly notes, the focus of this inquiry is whether the evidence against the defendant was so overwhelming that it is clear that he would have been convicted even absent the improper remarks.
The answer, I believe, is no: This story is compilation of those emails, more or less a warning to save someone some future headache. Umm something sounds a little fishy here…. When I asked him about the man that had to hide in his closet which clearly indicated he was in our bed and he said it was the same thing- they just jacked off but they did not touch each other. I questioned that and said I found it hard to believe a 45 year old man that went to all the trouble of sneaking a 22 year old in his bed would not do more. I asked him if he participated in high risk behaviors such as oral or anal sex because I needed to know what kind of risk I had been exposed to.
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