United States v. Anthony Washington

MEMORANDUM

After a five-day trial, a jury convicted Defendant/Appellant Anthony Eugene Washington (“Washington”) of conspiring to distribute over 50 grams of crack cocaine (“crack”) between January 13, 2006, and May 18, 2006, in violation of 21 U.S.C. §§ 846 and 841(a)(1) (Count One); and of distributing cocaine on May 18, 2006, in violation of 21 U.S.C. § 841 (a)(1) (Count Two). Washington appeals on two grounds. First, Washington claims that the district court erred by failing to instruct the jury that he was liable for only the quantity of crack that (1) fell within the scope of his agreement with his dealer or (2) was a reasonably foreseeable consequence of the conspiracy to distribute cocaine. Second, Washington argues that the district court coerced the jurors into returning a guilty verdict by instructing them to continue their deliberations after “five hours of intense debate” on the issue of whether Washington was liable for 50 grams of crack.

The district court plainly erred with its instructions on drug quantity. However, Washington cannot satisfy his burden of proving that this error affected his substantial rights. See United States v. Olano, 507 U.S. 725, 734-35 ,…