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United States v. Munson

Citation: 350 F. App'x 485Docket: No. 08-4814-cr

Court: Court of Appeals for the Second Circuit; October 6, 2009; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by Marc Munson following his conviction for conspiracy to distribute and possess marijuana, which resulted in a lengthy prison sentence and supervised release. Munson's appeal focused on four main issues: the alleged improper authentication of recordings and an address book under Federal Rule of Evidence 901, the latter also challenged under Rule 403; the denial of a motion for a new trial due to claims of insufficient jury deliberation; and the district court's application of an obstruction of justice enhancement under USSG §3C1.1. The appellate court reviewed these issues, applying plain error review to the authentication claims and abuse of discretion to the Rule 403 challenge. The court found that there was no plain error or abuse of discretion in the admission of the evidence. It also affirmed the trial court's decision on the new trial motion, deeming the jury's deliberation time adequate. The obstruction of justice enhancement was upheld, as the district court's finding was supported by sufficient evidence. Consequently, the appellate court affirmed the judgment of the district court in its entirety.

Legal Issues Addressed

Admissibility of Evidence and Rule 403

Application: The address book was challenged under Rule 403 for being prejudicial, yet the court found its admission was not an abuse of discretion.

Reasoning: The admission of an address book allegedly owned by a co-conspirator, also claimed to be inadequately authenticated under Rule 901 and in violation of Rule 403.

Authentication of Evidence under Federal Rule of Evidence 901

Application: The court considered whether the recordings and address book admitted at trial were properly authenticated, ultimately finding no plain error in their admission.

Reasoning: The appeal raises four key issues: The admission of certain recordings made by a witness and co-conspirator, which Munson argues lacked sufficient authentication under Rule 901 of the Federal Rules of Evidence.

Motion for New Trial and Jury Deliberation

Application: The court upheld the denial of a new trial, determining that the jury deliberated adequately and the trial court did not err in its assessment.

Reasoning: The denial of his motion for a new trial based on the argument that the jury did not deliberate long enough to properly consider the evidence.

Obstruction of Justice Enhancement under USSG §3C1.1

Application: The court supported the district court's finding of obstruction of justice for sentencing, deeming the evidence sufficient and not clearly erroneous.

Reasoning: The district court's finding that Munson obstructed justice for sentencing purposes under USSG §3C1.1.