With no explanation, chose the best option from "A", "B", "C" or "D". him ... And, ultimately, a decision is made that they will—their crew will take this on. Trial Tr. at 7599-7601 (July 23, 2009). Then, after summarizing the evidence concerning DeFour’s actions on the date of the abduction, the government returned to evidence of DeFour’s involvement in the planning phase: [DeFour] says I never spoke to Anderson Straker. And yet when you have in front of you ... Government’s Exhibit 401-E, you’re going to see that during this time frame, from February to May of 2005, Ricardo DeFour calls Anderson Straker nine times.... You’ll see that in the month of February there are no calls between them. But then in the month of March as things are getting ready, Ricardo DeFour calls Straker once in that month. Ricardo DeF-our’s calling Percival 43 t 9th Cir.1977) (<HOLDING>); United States v. Beck, 431 F.2d 536, 539 (5th

A: holding that alibi instruction was properly denied because even if defendant had presented evidence of an alibi it would not have rebutted the governments evidence concerning conspiracy because presence need not be shown to prove conspiracy
B: holding that res judicata barred conspiracy claim against defendant even though defendant had not been a party to the prior action because the civil conspiracy claim should have been adjudicated in a prior action and defendant as an alleged participant in the conspiracy would have been indispensable party to that adjudication
C: holding that the ineffective assistance of counsel claim for counsels failure to present the preindictment delay issue was without merit because there was no actual prejudice to the supposed alibi defense as the now unavailable witnesses would not have provided the defendant with an alibi for the time when the murder could have occurred
D: holding that where defendant was charged with drug conspiracy it was unnecessary for the government to prove defendants presence at the sales and hence the alibi defense was not supported by the law and no instruction was required
A.