Trial Error Arguments Rejected in Drug Conspiracy Case

U.S. v. Stiger, -- F.3d --, 2005 WL 1538837 (10th Cir. 6/30/05) - Defendant was convicted on numerous drug conspiracy counts. Apparent defect in verdict forms, which only required a finding as to objects of the conspiracy rather than as to guilt of the overarching conspiracy, was harmless error. Apprendi requires the jury only to set the maximum sentence for the entire conspiracy, not for each co-conspirator, because the sentencing judge's findings do not increase an individual defendant's exposure beyond the statutory maximum justified by the verdict. District court abused its discretion by failing to hold an evidentiary hearing concerning conflict-of-interest claims involving opposing counsel who spoke with defendant several times about the case. District court must determine whether attorney-client relationship existed between defendant and the other lawyer and if so, whether the representation affected the right to a fair trial. Denial of severance was not reversible error because the showing of prejudice was inadequate. While summary charts showing the organizational structure of the conspiracy may have been wrongly admitted, they did not substantially influence the trial outcome. The Speedy Trial Act does not apply to an information regarding intent to use prior felony convictions to enhance the sentence.