United States v. Bostick, No. 04-3074 (D.C. Cir. 2015)
Annotate this CaseFive defendants, convicted of charges related to their involvement in a massive drug distribution organization and sentenced to life imprisonment, appealed their convictions and sentences. On appeal, defendants raise numerous issues. The court concluded that the evidence was sufficient to sustain the guilty verdicts; the omission of a sentence that the parties had agreed to include in the jury instructions did not render the jury instructions erroneous; the court rejected defendants' joinder arguments, concluding that the indictment alleged that the local and federal offenses were committed as part of a common scheme or plan; any error in admitting the testimony of a certain FBI agent was harmless; there was no plain error in admitting autopsy reports; the district court did not abuse its discretion by excluding defendants' expert testimony; the district court did not abuse its discretion when it declined to conduct a mid-trial voir dire of the jury; the court will not disturb the district court's well-supported determination that the alleged improper juror activity did not occur; defendants failed to carry their burden of establishing the appearance or existence of judicial bias and the district judge did not abuse his discretion by denying the motion to recuse; and the district court did not abuse its discretion in denying Defendant Edelin's motion to discharge counsel. The court vacated Defendant Edelin and Johnsons' sentence under Booker; remanded Defendant Bostick and Marbury's sentence to determine whether the district court would impose different sentences, more favorable to defendants, under the advisory Guidelines; and affirmed Defendant Edelin's sentence.
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