United States v. Walker, No. 10-3090 (3d Cir. 2011)Annotate this Case
Brothers were convicted of distributing crack cocaine (21 U.S.C. 841(a)), conspiring to distribute crack cocaine, possessing a firearm in furtherance of the distribution of crack cocaine, Hobbs Act robbery (18 U.S.C. 1951(a)), and possessing of a firearm in furtherance of a Hobbs Act robbery (18 U.S.C. 824(c)). One was also convicted on two counts arising from his escape (18 U.S.C. 751(a)). Each was sentenced to 47-1/2 years in prison. The Third Circuit affirmed, rejecting claims that the district court should have granted one defendant's motion to sever because of the two additional escape and drug charges against his brother; that there was insufficient evidence to support their convictions for use of a firearm in furtherance of drug distribution in the weeks before May 31,2007; that the court erred by permitting the government's drug trafficking expert, o testify; that there was insufficient evidence of an effect upon interstate commerce to support convictions under the Hobbs Act; that the court should have granted their motion for a new trial in light of the fact that the prosecution withheld impeaching Brady material concerning a confidential informant.