U.S. v. Cooper

Record contained sufficient evidence to support defendants’ convictions for drug conspiracy regarding distribution of heroin, even though defendants argued that they were not part of charged conspiracy, which defendants argued was committed by others. At least one witness testified that both defendants were involved with others in drug trafficking activities that included plans to purchase drugs twice per week, to prepare said drugs for retail sales and to direct others in said drug activities. Ct. rejected defendants’ claims that they were merely present while others conducted drug conspiracy, or that they were involved in different conspiracy. Dist. Ct. also did not err in admitting under Rule 801(d)(1)(A) one witness’s grand jury testimony, where said witness indicated in her trial testimony that she could not recall making any incriminating statements against defendant.