091196P.pdf   01/21/2010  United States  v.  Antwoyn Terrell Spencer
   U.S. Court of Appeals Case No:  09-1196
                          and No:  09-1197
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Benton, Author, with Beam and Colloton, Circuit Judges]
   Criminal case - criminal law and sentencing. Jury instructions on
   conspiracy did not constructively amend the indictment; even if
   defendants had not waived their claim that the indictment was
   duplicitous, the argument was without merit; government met its burden
   of proving that the defendants conspired within the limitations period;
   evidence was sufficient to support a conviction for attempted possession
   of cocaine with intent to distribute; admission of tape recordings of drug
   buys with a fugitive witness did not violate Crawford v. Washington;
   evidence was sufficient to support conviction for money laundering; court
   gave a curative instruction when a co-defendant made an improper
   opening statement, and no plain error requiring a new trial occurred; drug
   quantity calculations were not clearly erroneous. Judge Beam, concurring
   in part and dissenting in part.