Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 06-4225
No. 06-4236
Appeals from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.
(8:03-cr-00211-AW)
Submitted:
Decided:
PER CURIAM:
A jury in the United States District Court for the District of
Maryland found Muzaffar Khan Afridi (M. Afridi) and Alamdar Khan
Afridi (A. Afridi) guilty of conspiracy to distribute and to
possess with intent to distribute more than one kilogram of heroin
in violation of 21 U.S.C. 846, conspiracy to import more than one
kilogram of heroin in violation of 21 U.S.C. 963, three counts of
distribution of and possession with intent to distribute heroin in
violation of 21 U.S.C. 841(a)(1), and eight counts of unlawful
use of a communication facility to commit a narcotics offense in
violation of 21 U.S.C. 843(b).
months
for
the
conspiracy
and
distribution
counts
and
They also
I.
In 2001, Mehrdad Ghaderi, working as an informant for the FBI
and DEA, agreed with his neighbor Zalmai Ibrahimi to purchase two
kilograms of heroin from a dealer supplied by an unknown source in
Pakistan.
After two
agents
discovered
that
the
kingpin
of
this
heroin
Federal
agents
observed
these
meetings
and
took
January 14, 2003, to confirm the shipment; and he sent a third fax
on January 18, 2003, that described how he had hidden the heroin in
the
crate.
On
March
21,
2003,
airport
officials
in
London
heroin.
Although
this
crate
was
initially
destined
for
December 5, 2005.
to
three
hundred
and
sixty
months,
with
concurrent
II.
The Afridis claim they were wrongfully convicted on the basis
of hearsay statements the court allowed into evidence.
They argue
that the court should not have allowed testimony concerning the
Cir. 1992).
The trial court did not abuse its discretion in admitting the
out-of-court statements of co-conspirator Mia Afridi over the
objection
of
defense
counsel.
Federal
Rule
of
Evidence
at
issue
were
made
during
the
course
of
and
in
Fed. R. Evid.
personal
knowledge
of
Mia
Afridis
actions
and
Wardaks
interactions with Mia Afridi. Wardak testified that Mia Afridi put
Wardak in contact with the heroin organization run by the Afridis
and that Mia Afridi served as a mediator between Ghaderi and the
conspirators. This independent evidence was sufficient to prove by
a
preponderance
conspirator.
of
the
evidence
that
Mia
Afridi
was
co-
Considerable
deals
constitute
evidence
sufficient
to
support
the
III.
The Afridis also argue that the court imposed unreasonable
sentences.
We
review
sentences
imposed
under
the
advisory
and
substantively
reasonable.
United
States
v.
A sentence is
Id.
We accord a
Cir. 2006); see Rita v. United States, __ S. Ct. __, No. 06-5754,
2007 WL 1772146 at *6 (June 21, 2007) (holding that a court of
appeals may apply a presumption of reasonableness to a district
court sentence that reflects a proper application of the Sentencing
Guidelines).
The Afridis claim that the district court did not address the
concerns they raised and did not adequately refer to the 3553(a)
factors while sentencing them.
convicted.
Because of the
IV.
We find no error in the district courts admission of the outof-court
statements
made
by
co-conspirator
Mia
Afridi.
AFFIRMED