United States v. Hale, No. 11-40488 (5th Cir. 2012)
Annotate this CaseAfter a jury trial, former police officer Orlando Hale was convicted of conspiracy to possess with intent to distribute more than five kilograms of cocaine and using or carrying a firearm in relation to a drug trafficking offense or possessing a firearm in furtherance of a drug trafficking offense. The Fifth Circuit Court of Appeals affirmed Hale's conviction and sentence, holding, inter alia, that the district court (1) abused its discretion in finding that Hale waived his right to file a motion to dismiss based on a Speedy Trial Violation, but there was no violation of the Speedy Trial Act in this case; (2) did not err in excluding certain out-of-court statements as inadmissible hearsay; (3) did not plainly err by not instructing the jury on the substantive crime underlying the conspiracy, actual possession within intent to distribute cocaine; (4) did not err when it failed to include Hale's proposed jury instruction; and (5) did not err by applying two level enhancements to Hale's sentence.
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