United States v. Sanders, No. 11-3067 (D.C. Cir. 2015)
Annotate this CaseInvestigating narcotics activity at Potomac Gardens, a D.C. housing project, agents obtained a wiretap on a telephone owned by Joseph, a former resident, and learned that Joseph coordinated a distribution network for heroin, suboxone pills, and crack cocaine. An acquaintance described Sanders to Joseph as a potential heroin supplier. The three met at a shopping center, where Joseph purchased 200 grams of heroin for $15,000. Joseph purchased heroin from Sanders five more times. Officers obtained a wiretap on Sanders’ phone and searched Sanders’ house. Sanders and eight others were indicted. Sanders was named only in Count One, which charged all nine with conspiring to distribute and possess with intent to distribute cocaine, 50 grams or more of crack cocaine, and 100 grams or more of heroin. Eight codefendants pled guilty; Joseph testified as a cooperating witness at Sanders’ trial. Sanders represented himself, with standby counsel. He did not testify or present defense evidence. The jury convicted Sanders with respect to heroin; it acquitted him as to cocaine and crack cocaine. The D.C. Circuit affirmed, rejecting arguments that the court erred by foreclosing a request for hybrid legal representation, by denying a request for a multiple conspiracies jury instruction, and by failing to give an adequate response to a note from the jury.
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