United States v. Jordan , 127 F. App'x 646 ( 2005 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 03-4678
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    MARION WAYNE JORDAN,
    Defendant - Appellant.
    No. 03-4697
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    DAVID MICHAEL JORDAN,
    Defendant - Appellant.
    Appeals from the United States District Court for the Western
    District of Virginia, at Danville. Norman K. Moon, District Judge.
    (CR-02-82)
    Submitted:   March 23, 2005                 Decided:   April 13, 2005
    Before WILLIAMS, MICHAEL, and KING, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    A. Wayne Harrison, Sr., LAW OFFICES OF A. WAYNE          HARRISON,
    Greensboro, North Carolina; James P. Rogers, III,        Danville,
    Virginia, for Appellants. John Brownlee, United States   Attorney,
    Anthony P. Giorno, Assistant United States Attorney,      Roanoke,
    Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    - 2 -
    PER CURIAM:
    Following a jury trial, Marion Wayne Jordan and David
    Michael   Jordan   were     convicted    of    conspiracy    to   possess   and
    possession of 100 or more marijuana plants with the intent to
    manufacture, distribute, or dispense marijuana, in violation of 
    21 U.S.C. § 841
    (a)(1) (2000).         They appeal their convictions, arguing
    that the district court erred in admitting into evidence an audio
    tape recording of a conversation between David Michael Jordan and
    Barry Corns, a deceased co-conspirator,* and a video tape recording
    of a conversation between Marion Wayne Jordan and Corns.
    Both tapes were made after the government seized all the
    marijuana plants and Corns agreed to cooperate with the government.
    The district court found that the tapes were admissible both as co-
    conspirator statements made in furtherance of a conspiracy, Fed. R.
    Evid. 801(d)(2)(E), and also as statements against penal interest,
    Fed. R. Evid. 804(b)(3).       See United States v. Neal, 
    78 F.3d 901
    ,
    904-05 (4th Cir. 1996); United States v. Bumpass, 
    60 F.3d 1099
    ,
    1102 (4th Cir. 1995).        Following the trial, the district court
    revisited the issue and confirmed its ruling that the tapes were
    admissible.   Also, the court ruled that, even if the tapes were
    erroneously admitted into evidence, any error was harmless, given
    that Michael’s statements in which he admitted his involvement with
    the   marijuana    plants    and     Wayne’s    statements    admitting     his
    *
    Corns died in an unrelated farming accident.
    - 3 -
    involvement with the plants, as corroborated by exhibits and
    testimony by police witnesses, clearly proved each Defendant’s
    guilt beyond a reasonable doubt.       See Lilly v. Virginia, 
    527 U.S. 116
    , 140 (1999) (providing standard); United States v. Weaver, 
    282 F.3d 302
    , 313 (4th Cir. 2002) (“Evidentiary rulings are subject to
    review for harmless error.”). The Jordans challenge this ruling on
    appeal,   and    argue   that   the   statements   on   the   tapes   were
    inadmissible hearsay and that they were denied their right of
    confrontation of witnesses against them.
    We have reviewed the briefs and joint appendix and find
    no reversible error in the admission of the tapes. Accordingly, we
    affirm the convictions for the reasons stated by the district
    court.    See United States v. Jordan, No. CR-02-82 (W.D. Va. Aug.
    15, 2003).      We dispense with oral argument because the facts and
    legal contentions are adequately presented in the materials before
    the court and argument would not aid the decisional process.
    AFFIRMED
    - 4 -
    

Document Info

Docket Number: 03-4678, 03-4697

Citation Numbers: 127 F. App'x 646

Judges: King, Michael, Per Curiam, Williams

Filed Date: 4/13/2005

Precedential Status: Non-Precedential

Modified Date: 8/7/2023