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United States of America v. Clarence E. Plato and Bishop C. Graham

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ARGUED APRIL 19, 2010

Before BAUER and SYKES, Circuit Judges, and GRIESBACH, District Judge.*fn1

Clarence Plato and Bishop Graham were jointly tried and convicted by a jury of distributing crack cocaine in violation of 21 U.S.C. § 841(a)(1). Law- enforcement officers caught the pair on videotape selling crack cocaine to a confidential informant inside a car parked at a restaurant in Springfield, Illinois. Graham raises two issues on appeal. First, he argues that his trial should have been severed from Plato’s because Plato’s counsel repeatedly argued to the jury that Graham was guilty. He also challenges the district court’s decision to let the jury see a slow-motion replay of the surveillance video that captured the sale. Plato’s counsel has moved to withdraw from representation and submitted an Anders brief explaining why all possible grounds for appeal are without arguable merit.

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