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Cannot Exclude Personal Use in Determining Weight Involved in Conspiracy & Prior Testimony of Witness Admissible Since Trial Testimony Evasive

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

[This case summarized by Leo Latella.]In United States v. Iglesias, 535 F.3d 150 (3d Cir. 2008) , the Court of Appeals held, in addressing two issues of first impression, that a defendant convicted of conspiring to distribute drugs is not entitled to exclude an amount for personal use in determining the total quantity of drugs involved in the conspiracy. Additionally, as a matter of first impression in this Circuit, the Court held that a witness? prior testimony at a suppression hearing was admissible at trial under Fed.R.Evid. 801(d)(1)(A), when his trial testimony was evasive on the same subject matter. Lastly, Court of Appeals rejected Iglesias? contention that his drug conspiracy and possession of a firearm in furtherance of a drug trafficking crime were not supported by sufficient evidence...continue to full post

Full post as published by Third Circuit Blog on October 15, 2008 (boomark / email).