United States v. Sanchez, No. 14-1448 (8th Cir. 2015)
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Adame, Gutierrez, and Sanchez were convicted of conspiracy to distribute methamphetamine, 21 U.S.C. 841(a), (b)(1)(A), and 846. Adame and Sanchez were also convicted of distributing methamphetamine. Gutierrez did not challenge his money laundering convictions. The Eighth Circuit affirmed, rejecting a challenge to the sufficiency of the evidence and a claim that, although the indictment charges a single conspiracy, the government's evidence conclusively proved the existence of two separate conspiracies, thereby creating a variance. The court also rejected Sanchez’s challenge to the district court's admission of DEA testimony concerning video footage of a controlled buy. The court declined to consider a claim he received ineffective assistance of counsel.
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Court Description: Beam, Author, with Bye and Benton, Circuit Judges] Criminal case - Criminal law. Evidence was sufficient to support defendants' convictions for conspiracy to distribute methamphetamine and distribution of the drug; the evidence established the single conspiracy charged in the indictment and, even if there was variance, defendants Adame and Gutierrez have failed to show they were prejudiced by it; defendant Sanchez's challenges to various evidentiary rulings rejected; Sanchez's claim of ineffective assistance of counsel would not be considered on direct appeal.
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