United States v. Powell, et al., No. 11-51205 (5th Cir. 2013)
Annotate this CaseDefendants Powell and Akin appealed their conviction and sentence on charges of conspiracy to possess cocaine base with intent to distribute and possession with intent to distribute crack cocaine. The court concluded that the district court did not err in denying defendants' respective motions to suppress; the evidence was legally sufficient to support Akin's conviction; while the statements admitted in evidence against Powell did not violate the Confrontation Clause under the Bruton doctrine, the prosecutor's use of these statements for cross examination purposes was in error; the prosecutor's statements, though legally inexcusable, were harmless in light of the other evidence presented at trial; the district court did not err in applying a two-level enhancement under U.S.S.G. 3B1.4 to Powell's sentence; and Powell's sentence was reasonable. Accordingly, the court affirmed the judgment of the district court.
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