Defendants’ murder and firearm use convictions are affirmed where 1) it was the government’s evidence – not any perceived conflict between defendants’ defense theories – that was the basis for the jury’s verdicts, and thus the district court did not abuse its discretion by declining to sever defendants’ trials; 2) given the multiple purposes of defendants’ separate acts at different times and locations, the district court did not err in refusing to dismiss certain counts of the indictment; and 3) 18 U.S.C. section 245 was a valid exercise of Congress’s power under the Thirteenth Amendment.

Read US v. Sandstrom, No. 08-3161

Appellate Information

Submitted: September 22, 2009

Filed: January 29, 2010

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