In U.S. v. Thompson, No. 04-12218 (Sept. 1, 2005), the Court upheld the convictions but vacated the sentences of defendants convicted of cocaine trafficking.
The Court rejected a challenge to the sufficiency of the evidence, noting the "parade" of government witnesses who testified as to their involvement in drug trafficking.
The Court also rejected one defendant’s motion for a severance. The Court pointed out that a post-arrest statement of one defendant did not mention a co-defendant, and its admission in evidence therefore did not violate the Confrontation Clause. Moreover, the "spillover effect" of evidence of one defendant as to another was not of a nature to create prejudice.
The Court also rejected a motion for a new trial based on new evidence, finding that, with diligence, the defendant could have obtained the evidence before trial.
The Court also rejected one defendant’s claim that her post-arrest statements were involuntary. The Court noted the credibility question presented as to whether the police withheld pain medication until they obtained responses to their questioning, but noted the Magistrate Judge’s resolution of these questions, and found no error in the district court’s adoption of them.
The Court also rejected the argument that the prosecutor’s closing statement violated the defendant’s right not to testify when it told the jury not to reward the co-defendant for testifying. The Court noted that the prosecutor did not directly or indirectly tell the jury to consider this defendant’s decision not to testify.
Finally, reviewing the sentences for Booker error under the plain error test, the Court vacated the sentences. The Court pointed out that during sentencing the district court characterized the 360-month as severe, and wondered whether it effectuated Congress’ true intent. The defendants therefore met the "heavy" burden of showing plain error.
