2022 Supreme(US)(ca6) 72
COURT OF APPEALS FOR THE SIXTH CIRCUIT
United States – Appellant
Versus
Robert Wallace – Respondent
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
┐ UNITED STATES OF AMERICA, │ Plaintiff-Appellee, │ > Nos. 20-6156/6181 │ v. │ │ KATHARINE E. MATTHEWS (20-6156); ROBERT EARL │ WALLACE (20-6181), │ Defendants-Appellants. │ │ ┘ Appeal from the United States District Court for the Eastern District of Kentucky at Lexington. No. 5:17-cr-00118—Karen K. Caldwell, District Judge.
Decided and Filed: April 11, 2022
Before: SUHRHEINRICH, STRANCH, and MURPHY, Circuit Judges.
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COUNSEL ON BRIEF: Eric G. Eckes, PINALES STACHLER YOUNG BURRELL, L.P.A., Cincinnati, Ohio, William R. Gallagher, Elizabeth Conkin, ARENSTEIN & GALLAGHER, Cincinnati, Ohio, for Appellant in 20-6156. Steven R. Jaeger, THE JAEGER FIRM PLLC, Erlanger, Kentucky, for Appellant in 20-6181. Javier A. Sinha, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Charles P. Wisdom, Jr., Roger West, William P. Moynahan, UNITED STATES ATTORNEY’S OFFICE, Lexington, Kentucky, for Appellee. Nos. 20-6156/6181 United States v. Matthews, et al. Page 2
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OPINION _________________
SUHRHEINRICH, Circuit Judge.
When Robert Carlson stopped selling computer systems and started running drugs, he persuaded some of his friends to help. Between March 2014 and April 2017, together they trafficked about 1,680 kilograms of cocaine, 2,050 pounds of marijuana, and 40 pounds of methamphetamine—and between $500 million and $1 billion of cash in drug proceeds—for the Sinaloa Mexican drug cartel. The gig ended when Carlson got caught and turned in his co- conspirators, including both appellants here, Katharine E. Matthews and Robert Earl Wallace.
Matthews was convicted on three conspiracy counts (two for drug distribution, one for money laundering) following a lengthy jury trial. She raises a variety of arguments now: whether her convictions were based on sufficient evidence; whether the district court erred in providing a deliberate-ignorance jury instruction; whether her confrontation rights were violated after the court allowed Carlson to invoke his privilege against self-incrimination as to certain questions on cross-examination; and whether she was prejudiced by a variance between the indictment and proof at trial on Count 1 (conspiracy to distribute cocaine and methamphetamine). Wallace pleaded guilty to Count 1 and received a below-Guidelines sentence of 60 months’ imprisonment, which he argues is procedurally and substantively unreasonable. Because their arguments lack merit, we affirm.
I.
Carlson’s scheme was straight-forward: he and his co-conspirators were couriers for the Sinaloa Mexican drug cartel, trafficking drugs and drug proceeds on private airplanes between California and cities throughout the United States. Cartel members would deliver the drugs in California to Carlson, Matthews, or others. The cartel packaged the cocaine in plastic-wrapped bundles. Matthews or others counted those bundles, packed them into suitcases, a