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.