Seventh Circuit -- USA v. Mariano Morales

USA v. Mariano Morales

[NB - another decision released today appears to indicate that this is a nonprecedential decision - please see the "precedential status" note on the top of the page.]

Quick read:


No presumption against empaneling an anonymous jury - insufficient explanation here held harmless, though.

Among other things, disparity-of-evidence (where proper limiting instructions were given), prima facie lengthening of trial, and possibility of a non-anonymous jury in putative second trial are insufficient grounds for finding improper joinder.

Where one deft is considerably more violent than his co-defts, no error in denying severance and thereby making him look bad by comparison.

No abuse of discretion in not investigating report of intra-jury chattering where the accusation arose after the verdict.

Where testimony establishes that deft engaged in illegal activity, no possible error in being told that he went to jail for it.

District court holding that deft's bad acts were coterminous with the conspiracy was error, as it was not included in PSR for deft to challenge.  Harmless, though.

Sufficient evidence.

Deference to District Court holding that some possibly random acts were connected to the gang scene & therefore conspiratorial.

Mere inactivity through "retirement" insufficient to effectuate withdrawal from conspiracy.

No disparity in special verdict findings on conspiracy and ultimate sentence.

No requirement on parties to "sterilize" testimony - inflammatory stuff was part & parcel.

Despite lack of district court findings on the hard edge of the conspiracy, finding that certain acts were within it was kosher.