053391P.pdf   03/23/2007  United States  v.  LaQuan Carter
   U.S. Court of Appeals Case No:  05-3391
                          and No:  061365
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Riley, Author, with Murphy and Hansen, Circuit
   Judges]
   Criminal Case- conviction and sentence. As to defendant Greenlaw,
   district court did not abuse its discretion or plainly err in denying
   motion to sever trials of co-defendants, as jury could compartmentalize
   the evidence; district court did not err in denying motion of Greenlaw to
   represent himself because he failed to show clear and unequivocal request
   for self-representation; district court's discretionary denial of motion 
   to depart downward is unreviewable; district court erred in calculating
   mandatory minimum sentence because district court did not count
   conviction of count 10 as a second or subsequent conviction and thus
   mandatory consecutive 25-year sentence under section 924(c)(1)(C)
   applies. Notwithstanding government's failure to appeal error, 
   district court plainly erred and error affected substantial rights and
   the fairness, integrity and public reputation of judicial proceedings. 
   Booker error, also not appealed by government, did not affect
   substantial rights. As to defendant Carter, district court's finding
   that the government's reasons for striking sole minority veniremember
   were race neutral and not pretextual was entitled to deference and not
   clearly erroneous. Sufficient evidence was presented to support
   conviction for conspiracy to distribute crack cocaine.