Friday, June 28, 2013

US v. Renteria et al., Nos. 12-8009, 8010 and 8019 (Wyo, 6/27/13)(Published) - meth distribution scheme in which three defendants go to trial, lose on all counts, and fare no better on appeal. 10th starts discussion of legal issues by criticizing counsel for trying to adopt each other’s arguments without specifying how those arguments apply to a particular defendant. Held - (1) no Giglio violation where the record was devoid of evidence of undisclosed agreements with cooperating witnesses; (2) admission of charts summarizing transactions was proper because they were based on available and presented evidence and preparer was subject to extensive cross; (3) evidence sufficient as to all three on all counts; (4) no multiplicity problem because counts involved separate transactions; (5) evidence about gang affiliations was properly admitted because it was relevant to the formation and structure of the conspiracy; (6) testimony explaining how the search warrant process works, including finding of probable cause, did not constitute improper bolstering of credibility by implying that witness's testimony was corroborated by evidence known to the government but not the jury; and (7) no errors, so no cumulative error.