United States v. Barret, No. 12-4663 (2d Cir. 2017)Annotate this Case
Defendants Barret, Mitchell, and Scarlett were convicted of conspiracy to distribute and possess with intent to distribute in excess of 1,000 kilograms of marijuana. The court joined its sister circuits in finding that the testimony of a former co‐defendant who pleads guilty during trial and then agrees to testify as a government witness at that same trial is admissible so long as the district court takes steps to avoid undue prejudice to the remaining defendants. The court explained that these steps include limiting testimony to events other than the witness's involvement in joint defense planning and properly instructing the jury regarding the changed circumstances. In this case, the court held that the evidence adduced at trial was sufficient to permit the jury to conclude that Mitchell knowingly joined a conspiracy to distribute more than 1,000 kilograms of marijuana, and that such an amount was reasonably foreseeable to him. Defendants' remaining arguments are addressed in a summary order issued simultaneously with this opinion. The court affirmed the judgment.