United States v. Marquez, No. 17-2028 (10th Cir. 2018)
Annotate this CaseJessie Marquez appealed his convictions for six drug-related crimes, including conspiracy to distribute 500 grams of methamphetamine, raising three issues: (1) challenging the sufficiency of the evidence supporting each of his convictions; (2) asserting the district court erred by questioning a witness; and (3) contending the district court shouldn’t have admitted certain testimony from two of the government’s witnesses. The Tenth Circuit rejected each of Marquez’ arguments, holding: (1) the evidence was sufficient for a rational jury to find Marquez guilty of using a phone to facilitate a drug felony, participating in a conspiracy to distribute over 500 grams of methamphetamine, and possessing methamphetamine with the intent to distribute it; (2) the district court did not err when it asked a witness one question to clarify a factual matter; and (3) the district court didn’t abuse its discretion or plainly err when it admitted testimony from government witnesses.
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