United States v. Mark Parker

MEMORANDUM **

Defendant-Appellant Mark Parker was convicted of three drug-related offenses under 21 U.S.C. §§ 841 and 846: (1) conspiracy to distribute at least 50 grams of crack cocaine; (2) distribution of at least 5 grams of crack cocaine; and (3) possession with intent to distribute at least 50 grams of crack cocaine. Parker appeals his convictions and sentences. We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and now affirm.

First, Parker argues that the district court erroneously advised the jury to disregard Mark Dixon’s incentive to testify against Parker. This misreads the judge’s instruction. The judge actually instructed the jury not to contemplate the sentence that Parker might receive when determining his guilt. There was no error in that instruction.

Second, Parker argues that the court allowed testimony protected under the marital communications privilege and allowed impermissible hearsay testimony by Parker’s ex-wife. Parker is correct that the joint criminal activity exception does not apply because the prosecution failed to demonstrate the ex-wife’s involvement in Parker’s criminal activity. However, while the district court erred in…