United States v. Kelsor, No. 10-3034 (6th Cir. 2011)
Annotate this CaseDefendant was convicted on 22 counts arising out of his involvement in the distribution of heroin over a four-year period. The district court imposed a mandatory minimum term of life imprisonment for conspiracy to distribute and to possess with intent to distribute more than 1,000 grams of heroin, and imposed concurrent sentences for all but two of the other offenses. Consecutive sentences were imposed on each of two convictions for possession of a firearm in furtherance of a drug trafficking crime (18 U.S.C. 924(c)). The Sixth Circuit affirmed, rejecting challenges to the sufficiency of the evidence to support the 924(c)convictions; the admission of certain co-conspirator statements under Fed. R. Evid. 801(d)(2)(E); the allowance of testimony regarding recorded calls to which the witness was not a party; and failure to give a requested jury instruction regarding multiple conspiracies. With respect to sentencing, the court rejected arguments that the notice of enhanced penalties was defective; that it was error to impose consecutive sentences for the 924(c) convictions; and that the sentence of life imprisonment violated double jeopardy and constituted cruel and unusual punishment.
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