United States v. Abbas

RUSSELL, Circuit Judge: After nine days of trial testimony regarding his participation in a heroin conspiracy in Baltimore, Syed Qasim Abbas (""Abbas"") was convicted for conspiring to import heroin into the United States in violation of 21 U.S.C. § 963; conspiring to distribute and possess with intent to distribute one kilogram or more of heroin in violation of 21 U.S.C. § 846; and distribution of heroin in violation of 21 U.S.C. § 952(a). Abbas appeals his conviction asserting that the district court: (1) erred in refusing to permit him to reopen his case in order to call a co-defendant who had formally invoked his Fifth Amendment protection against self-incrimination; (2) improperly admitted a Drug Enforcement Agency (""DEA"") chemist's expert testimony that the seized substance was heroin; and (3) improperly instructed the jury. Affirming his conviction, we hold that the district court properly exercised its discretion in rejecting Abbas' motion to reopen his case; that the DEA expert testimony was admissible; and that the jury instructions were proper in both form and substance.