United States v. Olea-Monarez

Defendant-Appellant Vincencio Olea-Monarez was charged along with several codefendants in a thirty-one-count indictment related to a large drug-trafficking conspiracy. During deliberations, the jury sent the district court two questions regarding Count 8. In the first, the jury asked what evidence would support Count 8; the judge responded that testimony and exhibits had been admitted concerning the count, which the jury could review upon their request. The second question asked whether the indictment for Count 8 had the incorrect date. The judge responded by noting that there had been four witnesses who testified about Count 8, and that Exhibits 98 and 99 relating to the charge had been admitted. Olea-Monarez argued on appeal to the Tenth Circuit that both of the court’s responses to the jury questions were erroneous and required reversal of his conviction for Count 8. The Tenth Circuit affirmed, finding the trial court judge did not abuse its discretion in responding to the jury’s questions because, “although it at times directed the jury’s attention to evidence, it made no evaluation of the evidence and therefore did not impinge on the jury’s role as factfinder.” View "United States v. Olea-Monarez" on Justia Law