United States v. Respardo-Ramirez, No. 13-2582 (6th Cir. 2015)
Annotate this CaseSantana, Soto, Espinoza, and Ramirez were indicted for conspiracy to possess cocaine with intent to distribute, 21 U.S.C. 846, 841; conspiracy to kidnap, 18 U.S.C. 1201(a)(1)(c); and possession of a firearm during and in relation to a drug trafficking crime and a crime of violence, 18 U.S.C. 924(c). The indictment permitted the government to try them as aiders and abettors for the firearm counts. Three were indicted as principals and as aiders and abettors for possession of 500 or more grams of cocaine with the intent to distribute. All were charged with kidnapping as principals and as aiders and abettors,. Soto was charged with obstruction of justice. A jury convicted on all counts, except acquitting Espinoza of conspiracy to distribute cocaine, and Ramirez of conspiracy to kidnap. The Sixth Circuit affirmed, rejecting arguments that counsel was ineffective for failure to move to suppress the evidence; that imposition of the 25-year mandatory minimum sentence for a subsequent conviction under 18 U.S.C. 924(c)(1)(C)(I) violatee the Sixth Amendment, because a jury did not find that the counts were subsequent offenses; that the court should have severed the drug-trafficking and kidnapping offenses; that the court admitted unduly prejudicial evidence; and that the government failed to prove that the kidnapping victims were transported forcibly across state lines.
The court issued a subsequent related opinion or order on July 24, 2015.
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