U.S. v. Harden

Record contained sufficient evidence to support imposition of life sentence under 21 USC section 840(b)(1)(B), after finding that heroin supplied by defendant resulted in death of individual who eventually ingested said heroin. Medical expert testified that victim died of acute heroin intoxication, and another witness testified that he had overdosed on same batch of heroin. Also, jury could find that heroin supplied by defendant was “but-for” cause of victim’s death, where third-party traced defendant’s sale of heroin to victim’s receipt of said heroin, and where victim received said heroin at time of day that was consistent with victim’s time of death. Ct. rejected defendant’s contention that instant “death results” enhancement also required govt. to establish that victim’s death was reasonably foreseeable result of defendant’s drug dealing. Also, Dist. Ct. could properly exclude defendant’s proffered evidence of alternative heroin source, where: (1) defendant could only show that victim told another individual that he had another heroin source; and (2) defendant could not put time frame on victim’s alleged statement. Too, fact that surveillance photograph was improperly given to jury during its deliberations did not require that Dist. Ct. grant defendant’s motion for mistrial, where it was unclear that jury would recognize import of photograph, or that photograph would play any role in jury’s deliberations.