United States v. Moore, No. 05-3050 (D.C. Cir. 2011)
Annotate this CaseSix defendants appealed from judgments of conviction on multiple charges related to a drug distribution business, including drug conspiracy, RICO conspiracy, continuing criminal enterprise, murder, and other related charges in violation of federal and District of Columbia laws. On appeal, defendants asserted numerous issues of error covering, among other things, evidentiary issues, conduct of the trial, prosecutorial misconduct, and jury instructions. Upon review, the court held that most of the asserted errors either were not erroneous or were harmless. As to one category of issue involving alleged violations of the Confrontation Clause, a Supreme Court decision intervening between the trial and the court's consideration of the case compelled the court to remand convictions for some drug charges (Counts 126-138) for further consideration in light of Bullcoming v. New Mexico. The court also remanded for further proceedings for a claim of ineffective assistance of counsel raised by Calvin Smith (Counts 4 and 5) and vacated one murder conviction as to Rodney Moore that, as the parties agree, merged with another conviction (Count 32). Accordingly, the court affirmed in part and reversed in part.
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