U.S. v. Cardena

Record contained sufficient evidence to support defendants’ conspiracy convictions arising out of scheme where defendant-police officer arrested drug dealers after making seemingly legitimate detentions of said dealers and then robbing them of their drugs and money. Dist. Ct. did not err in granting govt.’s motion to dismiss one juror after learning that said juror lied about only being arrested once, and defendants failed to establish any due process violation arising out of said removal, since there is no legally cognizable right to have any particular juror participate in their case. Also, no error arose out of govt. use of alleged false testimony, where jury was able to resolve any inconsistencies in said testimonies and where certain inconsistencies pertained only to immaterial facts. Moreover, govt. could introduce evidence of defendants’ lavish spending on jewelry and luxury cars to show that their incomes were not obtained through legitimate means, especially where record showed that one defendant never actually worked for his alleged employer. Furthermore, while record supported another defendant’s claim that he had legitimate income from his police salary and part-time homebuilding business, govt. presented sufficient evidence of large cash purchases so as to allow jury to conclude that said defendant’s wealth was inconsistent with his legitimate income. Also, govt. could properly introduce evidence that one defendant had offered to cooperate with police after his arrest, since said statement qualified as statement of party opponent and was relevant to show consciousness of guilt.