United States v. Gooch
398 U.S. App. D.C. 455
| D.C. Cir. | 2012Background
- Gooch was tried for narcotics conspiracy, RICO conspiracy, murder, burglary, and related offenses as a member of the M Street Crew.
- The Cunningham/Lane murders (Aug. 1, 2000) were charged as substantive DC offenses and as overt acts in furtherance of federal conspiracies.
- The Cunningham/Lane charges were joined with the M Street Crew case; Gooch moved for severance but it was denied.
- The government presented testimony on the Cooper/Miller murders (Feb. 21, 2003) and a gun and fingerprint link to Gooch.
- The jury ultimately convicted Gooch on multiple counts, including VICAR charges for Cooper/Miller murders.
- Gooch appeals on Batson challenges, misjoinder under Rule 8, severance under Rule 14, and VICAR acquittal issues; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Batson challenge plausibility | Gooch | Gooch alleged pattern of race-based strikes | No reversible error; not a pattern of discrimination. |
| Joinder under Rule 8 | Gooch | Joinder improper; separate trials warranted | Joinder proper; pre-trial allegations supported a common scheme. |
| Severance under Rule 14 | Gooch | Sever counts to prevent prejudice | No abuse of discretion; limiting instructions mitigated prejudice. |
| VICAR acquittal sufficiency | Gooch | Sufficient evidence to support VICAR murder convictions | Sufficient evidence to sustain VICAR convictions. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (Supreme Court 1986) (prohibits purposeful racial discrimination in jury selection)
- Snyder v. Louisiana, 552 U.S. 472 (Supreme Court 2008) (clear error review of Batson findings; demeanor matters)
- Moore, 651 F.3d 30 (D.C.Cir. 2011) (plain error review for unpreserved Batson claims)
- Charlton, 600 F.3d 43 (1st Cir. 2010) (inherent discriminator intent standard in unpreserved Batson claims)
- Olano, 507 U.S. 725 (Supreme Court 1993) (plain error framework includes four Olano elements)
- Zafiro v. United States, 506 U.S. 534 (Supreme Court 1993) (prejudice in joined trials may be cured by limiting instructions)
- Carson, 455 F.3d 336 (D.C.Cir. 2006) (joinder and severance interplay; Rule 8 vs Rule 14)