United States v. Shamo, No. 20-4116 (10th Cir. 2022)
Annotate this CaseDefendant Aaron Shamo was convicted by jury on 12 charges arising from his distribution of controlled substances, including fake oxycodone pills laced with fentanyl. He received a mandatory life sentence on his conviction of being a principal leader of a continuing criminal enterprise (CCE). On appeal, Defendant challenged the sufficiency of evidence of his guilt of the CCE charge because: (1) the government failed to prove that the drug he was distributing was the chemical designated in the criminal statute; and (2) the government failed to prove that he knew he was distributing a controlled substance. He also challenged the admissibility: (a) of screenshots of his illicit online storefront to prove the quantity of drugs distributed; and (b) of testimony by an expert witness who allegedly opined on the meaning of certain language in the CCE statute. He also raised allegations of prosecutorial misconduct in suggesting that he was responsible for uncharged overdose deaths and should be punished because of the social costs of unlawful narcotics. After careful consideration of defendant's arguments, the Tenth Circuit found no reversible error and affirmed defendant's convictions.
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