United States v. Marchan, No. 18-2758 (7th Cir. 2019)
Annotate this CaseMarchan was convicted of possession with intent to distribute 500 grams or more of cocaine, 21 U.S.C. 841(a)(1) and 846, and distribution of 500 grams or more of cocaine, section 841(a)(1). The Seventh Circuit affirmed, rejecting an argument that he was denied a fundamentally fair trial. The district court judge diligently presided over the trial; to the extent that any errors were made, they were harmless. Allegedly hearsay testimony was cumulative and corroborated; the few objections that were made at trial were largely sustained and the court instructed the jury to disregard the questions and answers. The testimony of a cooperating witness was sufficient to expose his bias against Marchan and illustrate the benefits he might receive in connection with his testimony. Giving the jury a recording it requested during deliberations was not error; the recording was properly admitted into evidence, provided additional information not present in the transcript (e.g., tone and clarity), and the district judge gave a proper limiting instruction.
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