United States v. Bernard Beard

MEMORANDUM

Bernard Beard (“Beard”) and Demond Lee (“Lee”) appeal their jury convictions and sentences for conspiracy to distribute controlled substances from Los Angeles to St. Louis. Beard also appeals the district court’s order denying his request to obtain sealed documents subject to a protective order in the criminal case against Robert Bell (“Bell”). Lee also appeals the district court’s denials of his motions to substitute counsel prior to trial. This court has jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. Viewed in the light most favorable to the government, there was sufficient evidence for a rational jury to find that Beard and Lee were members of a single conspiracy. To establish a single conspiracy, “the evidence must show that each defendant knew, or had reason to know, that his benefits were probably dependent upon the success of the entire operation.” United States v. Duran, 189 F.3d 1071, 1080 (9th Cir.1999) (internal quotation marks and alteration omitted). Here, ample evidence, including recorded telephone calls, witness testimony, and physical evidence, demonstrates that both Lee and Beard benefited from the activities of the conspirators in both Los…