United States v. Hill, No. 13-5074 (10th Cir. 2015)
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Defendant-appellant Dejuan Hill was indicted, tried, and convicted of bank robbery and for taking part in a larger conspiracy to rob banks, a credit union, and four pharmacies in the Tulsa area from 2009 to 2011. Before and during trial, Dejuan filed motions related to the four issues that he
now raised on appeal to the Tenth Circuit Court of Appeals: (1) a motion to dismiss Count One, arguing that a fatal variance existed because the Indictment against him charged a single global conspiracy but the evidence at trial instead proved multiple, smaller conspiracies; (2) a pretrial motion for misjoinder of defendants, contending that joining his charges to those of his co-defendants was improper and so prejudicial that a separate trial was required; (3) a motion in limine to exclude evidence of gang affiliation, arguing that the evidence was both irrelevant to his charges and unfairly prejudicial to him; and (4) a motion for judgment of acquittal at the close of the evidence, arguing that the government produced insufficient evidence to convict Dejuan of any of his three charges. The district court denied each of these motions. While the Tenth Circuit agreed with defendant that there was a variance between the single conspiracy charged in the Indictment and the evidence of individual conspiracies presented at trial, the Court concluded that this variance was insufficiently prejudicial to affect Dejuan’s substantial rights. The Court affirmed on all other issues raised on appeal.
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