United States v. Markey Olloque

MEMORANDUM

Markey Olloque (“Olloque”) was convicted of possession with intent to distribute at least five grams of methamphetamine, see 21 U.S.C. § 841 (a)(1) and (b)(l)(B)(viii), possession of a firearm in furtherance of a drug trafficking crime, see 18 U.S.C. § 924 (c)(l)(A)(i), and possession of a firearm and ammunition by a convicted felon, see 18 U.S.C. § 922 (g)(1). Olloque was sentenced to fifteen years in custody. This appeal followed.

1. During defense counsel’s voir dire, one prospective juror indicated that she was “bother[ed]” by the reasonable doubt standard and another juror indicated that he or she “partly agree[d]” with the first juror. After defense counsel asked each juror if they could set aside their personal feelings and apply the appropriate legal standards, neither juror indicated any unwillingness or inability to do so. Moreover, the district court extensively discussed the reasonable doubt standard throughout the voir dire proceedings and questioned the jurors about their ability to set aside personal opinions and follow the court’s instructions. The record does not indicate that defense counsel moved to excuse the jurors for cause or exercised any…