DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

222869P.pdf   10/05/2023  United States  v.  Kevin Green
   U.S. Court of Appeals Case No:  22-2869
                          and No:  22-2919
   U.S. District Court for the District of Minnesota   
[PUBLISHED] [Wollman, Author, with Colloton and Benton, Circuit Judges] Criminal case - Criminal law. On these facts, defendants were entitled to an instruction on multiple conspiracies, however, the lack of any substantial prejudice from the absence of a multiple-conspiracies instruction and the presence of sufficient single-conspiracy evidence compels the conclusion that no reversible error occurred with respect to the drug quantity finding; based on the facts presented - defendant Abari's disruptive behavior, his physical size, and his threats against prosecutors, police and court staff - the district court did not abuse its discretion in requiring that he be shackled and handcuffed during the trial; the district court did not abuse its discretion by not requiring the admission of the full recording of defendant Abari's post-arrest statements to the police or the admission of parts of the statement in which he denied bringing drugs to the apartment or that he possessed the drugs found therein as the portion of the statement admitted did not deal with these issues; decision not to admit the portion of the recording where he denied ownership or possession of the gun found under his body was harmless error as other evidence concerning his denial was admitted, and the evidence of his possession was overwhelming; on the evidence presented, a rational jury could find defendant Green constructively possessed the drugs found in his girlfriend's home.