152865P.pdf   08/12/2016  United States  v.  Jeffrey Pendleton
   U.S. Court of Appeals Case No:  15-2865
   U.S. District Court for the Western District of Missouri - St. Joseph   
   [PUBLISHED] [Gruender, Author, with Smith and Benton, Circuit Judges] 
   Criminal case - Criminal law. The district court did not abuse its 
   discretion by denying defendant's request for disclosure of his 
   co-conspirators' presentence reports after it examined them and determined 
   they contained no exculpatory information; in any event, nondisclosure did 
   not prejudice defendant as he was able to attack the co-conspirators' 
   credibility with other evidence (including their admissions they 
   cooperated for more favorable treatment) and because the evidence of his 
   guilt was overwhelming; no error in denying defendant's motion for 
   appointment of new counsel where counsel was performing adequately and any 
   breakdown in communications was the result of defendant's unwillingess to 
   communicate; the district court took prompt action to cure any taint from 
   a venireperson's errant comments (outside knowledge of defendant's 
   criminal activity), including inquiries to the jurors and curative 
   instructions, and defendant was not entitled to a new trial on his claim 
   the comments deprived him of a fair and impartial jury;evidence from a 
   co-conspirator that defendant assaulted her and admission of photos 
   depicting her injuries was relevant to the issue of defendant's control of 
   the conspirators; additionally,the court gave an instruction mitigating 
   any possibility the jury would convict defendant of the drug crimes in the 
   case solely based on his assault of the witness; evidence was sufficient 
   to support defendant's conviction for money laundering.