Green

United States v. Green

Good Law
97 F. App'x 745
United States Court of Appeals for the Ninth CircuitMay 14, 2004No. 03-50080; D.C. No. CR-01-00961-DT-4California568 words

Opinion

Lead Opinion

MEMORANDUM ***

Samuel T. Green appeals his conviction for conspiracy to distribute cocaine and *747 possession with intent to distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1); distribution of and possession with intent to distribute a mixture containing cocaine base, in violation of 21 U.S.C. § 841 (a)(1); and use or carrying and possession of a firearm during a drug-trafficking crime, in violation of 18 U.S.C. § 924 (c). We affirm.

I

The district court did not abuse its discretion in admitting evidence about the shooting of Norvin Dizadare. It was charged conduct, and was in furtherance of the conspiracy. Testimony showed that co-conspirators agreed that snitches, specifically Dizadare, should be killed in order to protect the organization. See, e.g., United States v. Patterson, 819 F.2d 1495, 1505 (9th Cir.1987). In these circumstances, the probative value of such evidence in proving the conspiracy and demonstrating the methods that the organization used outweighed any prejudicial effect on Green. United States v. Baker, 10 F.3d 1374, 1413 (9th Cir.1993), overruled on other grounds by United States v. Norby, 225 F.3d 1053, 1059 (9th Cir.2000).

II

Refusing to sever…

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