Documente Academic
Documente Profesional
Documente Cultură
No. 10-4000
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:09-cr-00166-RDB-2)
Submitted:
Decided:
PER CURIAM:
Following a jury trial, Mohammed Marga was convicted
of
conspiracy
to
distribute,
and
possess
with
intent
to
The
For
co-conspirator,
Edward
Aboagye,
pled
guilty
Marga.
The
Government
introduced
Aboagyes
plea
well.
It is what he agrees are the facts of the
matter with the government.
It is not binding upon
Mr. Marga and it is not a stipulation as to Mr. Marga
. . . . This is strictly just the agreement that
Aboagye reached with the government and what he agreed
with the government were the facts as far as he was
concerned and just as you judge his credibility in
terms of his testimony, you judge this for whatever
you desire its [sic] worth. But these facts here in
this plea agreement letter are not binding upon Mr.
Marga and are not agreed to by Mr. Marga.
The sole issue on appeal is whether the district court erred in
giving this instruction.
Because Marga did not object to this instruction in
the district court, it is reviewed for plain error.
United
To
error
rights.
was
plain,
and
the
error
affected
his
substantial
jury
instructions
district court.
Cir. 1990).
we
inquiry
prejudice.
matters
within
the
discretion
of
the
instructions,
jurys
are
consider
fairly
whether
and
the
court
accurately
addressed
without
the
creating
Cir. 1998).
Marga
highlights
the
courts
statement
that
the
this
contends
for
that
whatever
it
you
erroneously
desire
its
invited
[sic]
the
jury
worth,
to
instructions
may
not
be
draw
and
an
However,
[l]anguage
in
viewed
in
isolation.
1996); Hardin v. Ski Venture, Inc., 50 F.3d 1291, 1294 (4th Cir.
1995).
At
the
close
of
evidence
at
the
trial,
the
court
Additionally,
Aboagyes
plea
agreement
and
the
stipulations
contained
[sic]
worth.
We
conclude
that
the
district
courts
we
affirm.
We
dispense
with
oral