Legal Opinion

United States v. Elliot

Court of Appeals for the Ninth Circuit

Decided January 5, 2009No. 07-10328PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM *

Basho Elliot appeals his conviction and sentence for (1) conspiracy to distribute and (2) attempt to possess with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. § 846. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm.

Even assuming the district court erred in ruling that the defense expert could be impeached with Elliot’s “un-Mirandized” statements, in violation of James v. Illinois, 493 U.S. 307, 110 S.Ct. 648, 107 L.Ed.2d 676 (1990), any error was harmless beyond a reasonable doubt. The evidentiary ruling did not prevent…

2Cases cited7 opinions

  1. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
  2. James v. IllinoisSupreme Court of the United States · 1990
  3. United States v. Gabriel VavagesCourt of Appeals for the Ninth Circuit · 1998
  4. Old Person v. BrownCourt of Appeals for the Ninth Circuit · 2002
  5. United States v. SpeelmanCourt of Appeals for the Ninth Circuit · 2005

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. United States v. HaynesCourt of Appeals for the Seventh Circuit · 2009
  2. United States v. Eural BlackCourt of Appeals for the Seventh Circuit · 2009

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