United States v. Richard Lacey

Tenth Circuit

United States v. Richard Lacey

990 F.2d 586, 1993 WL 114713

CourtCourt of Appeals for the Tenth Circuit

DecidedApril 16, 1993

Docket91-3255, 91-3256

StatusPublished

Cited by7 cases

This text of 990 F.2d 586 (United States v. Richard Lacey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Richard Lacey, 990 F.2d 586, 1993 WL 114713 (10th Cir. 1993).

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Opinion

PAUL KELLY, Jr., Circuit Judge.

Defendant-appellant Richard Lacey appealed his convictions for various drug-related offenses as well as for failure to appear. Mr. Lacey had been tried in ab-sentia and convicted of six counts including conspiracy to distribute cocaine, distribution of approximately 500 grams of cocaine, possession with intent to distribute cocaine, and possession with intent to distribute marijuana, violations of 21 U.S.C. §§ 841(a)(1) & 846.

On appeal, we noted that certain of Mr. Lacey’s arguments including his objection to being tried in absentia, had been rejected in the appeal of a coconspirator. United States v. Edmonson, 962 F.2d 1535 (10th Cir.1992). Therefore, that particular argument was not discussed in our disposition. United States v. Lacey, 969 F.2d 926 (10th Cir.1992).

After Mr. Lacey had filed a petition for certiorari in the United States Supreme Court, Crosby v. United States, — U.S. -, 113 S.Ct. 748, 122 L.Ed.2d 25 (1993) was decided. The Court discussed the propriety of trial in absentia and concluded that “the language, history, and logic of Rule 43 support a straightforward interpretation that prohibits the trial in absentia of a defendant who is not present at the beginning of trial.” Crosby, — U.S. at , 113 S.Ct. at 753.

The Court vacated our judgment and remanded Mr. Lacey’s case for further consideration in light of Crosby. Lacey v. United States, — U.S. -, 113 S.Ct. 1233, 122 L.Ed.2d 640 (1993). We, in turn, remand the case to the district court with instructions to vacate its judgment with respect to the narcotics charges and proceed in accordance with Crosby. However, its judgment relating to Mr. Lacey’s failure to appear is affirmed. That sentence and the underlying conviction stand alone now and the double jeopardy issue which troubled us earlier does not exist at the present time.

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PAUL KELLY, Jr., Circuit Judge.

Defendant-appellant Richard Lacey appealed his convictions for various drug-related offenses as well as for failure to appear. Mr. Lacey had been tried in ab-sentia and convicted of six counts including conspiracy to distribute cocaine, distribution of approximately 500 grams of cocaine, possession with intent to distribute cocaine, and possession with intent to distribute marijuana, violations of 21 U.S.C. §§ 841(a)(1) & 846.

On appeal, we noted that certain of Mr. Lacey’s arguments including his objection to being tried in absentia, had been rejected in the appeal of a coconspirator. United States v. Edmonson, 962 F.2d 1535 (10th Cir.1992). Therefore, that particular argument was not discussed in our disposition. United States v. Lacey, 969 F.2d 926 (10th Cir.1992).

After Mr. Lacey had filed a petition for certiorari in the United States Supreme Court, Crosby v. United States, — U.S. -, 113 S.Ct. 748, 122 L.Ed.2d 25 (1993) was decided. The Court discussed the propriety of trial in absentia and concluded that “the language, history, and logic of Rule 43 support a straightforward interpretation that prohibits the trial in absentia of a defendant who is not present at the beginning of trial.” Crosby, — U.S. at , 113 S.Ct. at 753.

The Court vacated our judgment and remanded Mr. Lacey’s case for further consideration in light of Crosby. Lacey v. United States, — U.S. -, 113 S.Ct. 1233, 122 L.Ed.2d 640 (1993). We, in turn, remand the case to the district court with instructions to vacate its judgment with respect to the narcotics charges and proceed in accordance with Crosby. However, its judgment relating to Mr. Lacey’s failure to appear is affirmed. That sentence and the underlying conviction stand alone now and the double jeopardy issue which troubled us earlier does not exist at the present time.

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990 F.2d 586, 1993 WL 114713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-richard-lacey-ca10-1993.

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