021966P.pdf   01/09/2003  USA  v.  Jose Espino
   U.S. Court of Appeals Case No:  02-1966
   District of Nebraska   
   Criminal Case - conspiracy to distribute and possession 
   of methamphetamine. Evidence was sufficient to support 
   jury verdict, as admissible witness testimony supported 
   presence of a conspiracy. District court did not abuse its 
   discretion in allowing defendant's spouse to testify because 
   marital confidential communications privilege was properly 
   protected and spouse testified only to defendant's conduct 
   or to communications in the presence of third parties, and 
   spouse's testimony was not improper under the adverse 
   spousal testimony privilege. District court did not abuse 
   its discretion in allowing lay witnesses to testify of the weight 
   of the drugs based on their experience. Claims of ineffective 
   assistance of counsel are properly addressed in a habeas petition.