UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
January 10, 1979
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
DERRICK CHEVANNES, DEFENDANT-APPELLANT.
Appeal from the United States District Court for the Southern District of New York.
Present: HONORABLE IRVING R. KAUFMAN, Chief Judge; HONORABLE J. JOSEPH SMITH, HONORABLE JAMES L. OAKES, Circuit Judges.
This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was argued by counsel.
ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed.
1. There was sufficient evidence to infer that Chevannes was part of a conspiracy. Chevannes's own statements during the course of the alleged conspiracy indicated that he had the cooperation of Rick and Greg, and after his arrest he explicitly admitted their roles. The actions of Greg and Rick corroborate these admissions.
2. Multiple conspiracy analysis is inapplicable to a trial of a single defendant. United States v. Corey, 566 F.2d 429, 431 n.3 (2d Cir. 1977). Proof of the events in England was clearly relevant as showing the background and context of the alleged conspiracy. See United States v. Magnano, 543 F.2d 431, 435 (2d Cir. 1976). Any possibility of prejudice was minimized by Judge Broderick's charge, which explicitly instructed the jury that Chevannes was not charged with any crime relating to the occurrences in England.
3. Judge Broderick did not abuse his discretion by admitting into evidence the physical items seized from the McClellan St. apartment. The nexus between Chevannes and the items was not insufficient: Chevannes had lived in the apartment at least intermittently for seven years, and some of the seized articles were unconcealed. Moreover, the apartment was clearly "the focal point of the conspiracy," United States v. Wiener, 534 F.2d 15, 18 (2d Cir. 1976). Admission of the loaded pistol, found in close proximity to the drug paraphernalia, was proper. Id.
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