United States v. Rodriguez, No. 19-3053 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction for seven drug-trafficking crimes. The court held that the evidence was sufficient to support defendant's conviction for conspiracy to possess with intent to distribute methamphetamine within the time period alleged in the indictment. The court rejected defendant's contention that the district court erred by permitting the jury to view the transcript before defense counsel had an opportunity to review the transcript and take a position as to its accuracy, because defendant's claim was not supported by the facts. In this case, defendant waived any objection that he may have had to the presentation of the transcript to the jury—including any objection on the ground that the transcript was inaccurate. Finally, the lack of a curative instruction regarding the transcript did not constitute error, let alone error that was plain.
Court Description: [Gruender, Author, with Smith, Chief Judge, and Loken, Circuit Judge] Criminal case - Criminal law. The evidence was sufficient to support defendant's conviction for conspiracy to possess with intent to distribute methamphetamine within the time period alleged in the indictment; claim that the court erred in permitting the jury to view a transcript before defense counsel had an opportunity to review it and take a position on its accuracy is not supported by the facts, which showed counsel received it by email, agreed to stipulate to its foundation and admissibility and confirmed this agreement with the district court; defendant waived any right that he might have had against the presentation of the transcript and if the district court did not err by permitting the jury to see it, it could not err, plainly or otherwise, by failing to give a curative instruction. [ January 07, 2021 ]
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