DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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193053P.pdf 01/08/2021 United States v. Joe Rodriguez
U.S. Court of Appeals Case No: 19-3053
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Loken, Circuit
Judge]
Criminal case - Criminal law. The evidence was sufficient to support
defendant's conviction for conspiracy to possess with intent to distribute
methamphetamine within the time period alleged in the indictment; claim
that the court erred in permitting the jury to view a transcript before
defense counsel had an opportunity to review it and take a position on its
accuracy is not supported by the facts, which showed counsel received it
by email, agreed to stipulate to its foundation and admissibility and
confirmed this agreement with the district court; defendant waived any
right that he might have had against the presentation of the transcript
and if the district court did not err by permitting the jury to see it, it
could not err, plainly or otherwise, by failing to give a curative
instruction.