United States v. Wilkerson, No. 10-3037 (D.C. Cir. 2020)Annotate this Case
Defendant was convicted on all counts related to his involvement in a violent narcotics-distribution conspiracy, except one count of aiding and abetting first-degree murder and a corresponding count of aiding and abetting continuing criminal enterprise (CCE) murder. Defendant was sentenced to life imprisonment.
The DC Circuit affirmed defendant's convictions and sentence, holding that the district court did not err by dismissing a juror who, after deliberations began, expressed her disagreement with the applicable law and her inability to apply it. The court held that intent to disregard the law constitutes a valid ground for dismissing a juror and that the district court permissibly dismissed Juror 0552 on that basis. The court also held that the RICO conspiracy count was not time-barred; statements made by witnesses and the prosecution did not deprive defendant of a fair trial; the district court properly gave a Pinkerton instruction; the evidence was sufficient to support the two CCE murder counts; there was no Brady error; and defendant's claim that his indictment unlawfully relied on testimony from a witness obtained in violation of the witness's Fifth Amendment rights was rejected.