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Flores: Sur-13 gang convictions and sentences affirmed

By Tim Cone

In U.S. v. Flores, No. 08-10775 (June 29, 2009), the Court affirmed the convictions and sentences of defendants convicted of RICO and murder crimes as members of the Sur-13 gang.The Court found no fault in the district court?s excusing a potential juror for cause when she said she suffered from attention deficit disorder ("ADD"), noting that untreated ADD could interfere with a juror?s ability to pay attention in a lengthy trial.The Court also rejected an argument that the venire was prejudiced by a potential juror?s comment that, as a corrections officer, he had dealt with some of the defendants on trial. The "short and nondescript" statements did not create a continuing influence on the trial.The Court rejected the argument that a statement by a gang member describing the details of a murder was not made in "furtherance" of a conspiracy, and was therefore not admissible under F...continue to full post

Full post as published by Defense Newsletter Blog on June 30, 2009 (boomark / email).