5/6/08 Opinion - US 5th Cir.

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on May 6, 2008:

  • U.S. v. Ramos-Cardenas (King, Stewart, Prado, JJ.; per curiam opinion) (revision of opinion originally released on April 9, 2008). Affirming convictions on charges of possession of more than 100 kilograms of marijuana, holding that the evidence was sufficient to uphold the convictions, in light of evidence corroborating the witnesses’ testimony; that the defendants’ Sixth Amendment Confrontation Clause rights were not violated by the admission of out-of-court post-arrest statements by two co-defendants, because the jury was instructed to not weigh those statements against any of the co-defendants except for the two speakers, and because the redactions removing the co-defendants’ names from the statements used indefinite pronouns that rendered any inferences that could be made by the jurors non-specific; and that any error by the district court in responding to a jury note during jury deliberations, which had inquired as to why the copy of the jury instructions supplied to the jury only listed the name of a cooperating witness who had pleaded guilty, along with the signifier “et al.” in place of the defendants’ names, with information that the named defendant, along with another, had pleaded guilty, was harmless.

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