United States v. Gallegos, No. 13-6236 (10th Cir. 2015)
Annotate this CaseSimona Gallegos appeals her convictions for one count of conspiracy to distribute methamphetamine and to possess methamphetamine with intent to distribute; two counts of possession of methamphetamine with intent to distribute; and one count of use of a communication facility to facilitate the distribution of methamphetamine. Gallegos argued on appeal to the Tenth Circuit: (1) the district court erred in admitting the hearsay statements of her alleged co-conspirators; (2) the government presented insufficient evidence to support her convictions; (3) a fatal variance occurred because the indictment charged a single large conspiracy but the evidence at trial proved only multiple smaller conspiracies; (4) the district court erred in admitting testimony regarding her codefendant’s post-arrest request for an attorney; and (5) the cumulative effect of these errors requires reversal. Because sufficient evidence supported Gallegos’ convictions and because her remaining claims did not warrant reversal under its plain-error test, the Tenth Circuit affirmed.
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