United States v. Avery

CLARK, Circuit Judge: Arthur B. Avery, Sr. and Alisa D. Avery were convicted on four counts for violating the federal narcotics laws.1 Arthur B. Avery, Sr. was acquitted on one count of perjury before the grand jury.2 In this appeal the appellants raised the following issues: (1) whether the indictment against the appellants properly joined the four drug related counts with the perjury count against appellant Arthur B. Avery and whether the admission of evidence on the perjury count violated Alisa Avery's confrontation rights; and (2) whether the prosecutor impermissibly vouched for the credibility of the government's key witnesses during rebuttal and closing argument. We affirm the conviction of Arthur B. Avery, Sr. but reverse the conviction of Alisa D. Avery.