United States v. Sandra Spaise Shirley

OVERVIEW

Sandra Shirley (Shirley) appeals her conviction for conspiracy to facilitate an escape, aiding and assisting in an escape, harboring an escaped federal prisoner, illegal possession of firearms, using a telephone and the mails to facilitate possession with intent to distribute heroin and cocaine, and possession with intent to distribute controlled substances. On appeal, Shirley urges numerous errors which we will address in the order she has presented them. We have jurisdiction pursuant to 28 U.S.C. section 1291 , and we affirm.

I. Irving Burkett’s Testimony

Shirley contends that the district court’s decision to allow former prison guard Irving Burkett to testify for the government was an abuse of discretion. Burkett was shot in the head during the escape, causing him to suffer a permanent disability which Shirley argues was readily apparent to the jury. Burkett’s speech was slurred, he had difficulty using his left arm and testified from a chair next to the jury instead of from the witness stand. Shirley contends that the district court should have excluded this evidence under Fed.R.Evid. 403, as its prejudicial effect outweighed any probative value since Burkett…