2014 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

1-31-2014

USA v. Krishna Mote

Precedential or Non-Precedential: Non-Precedential

Docket 13-1087

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Recommended Citation

"USA v. Krishna Mote" (2014). 2014 Decisions. Paper 132.

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NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

__________

No. 13-1087

__________

UNITED STATES OF AMERICA

v.

KRISHNA MOTE 

a/k/a Chris 

a/k/a Kris

KRISHNA MOTE, Appellant

__________

On Appeal from the United States District Court

for the Middle District of Pennsylvania

(D.C. Criminal No. 3-11-cr-00194-001)

District Judge: Honorable James M. Munley

Submitted Under Third Circuit LAR 34.1(a)

November 13, 2013

BEFORE: HARDIMAN, SCIRICA, and NYGAARD, Circuit Judges

(Opinion Filed: January 31, 2014)

__________

OPINION OF THE COURT

__________

NYGAARD, Circuit Judge.
2

A jury convicted Krishna Mote for his role in a conspiracy to distribute 280 grams 

or more of cocaine base and 500 grams or more of cocaine (21 U.S.C. § 846), and for 

aiding and abetting the possession and distribution of cocaine base (21 U.S.C. § 841(a)(1) 

and 18 U.S.C. § 2). The District Court sentenced Mote to life imprisonment for the 

conspiracy and 360 months’ imprisonment for aiding and abetting. He appeals the 

judgment of conviction and sentence, focusing his argument upon the indictment. We 

will affirm.

This opinion lacks precedential value and we write only for the benefit of the 

parties, who are familiar with the facts of this case. Mote did not preserve any challenges

to his indictment and so we review for plain error. United States v. Duka, 671 F.3d 329, 

354 (3d Cir. 2011). 

Mote claims that the facts at trial indicate the existence of two conspiracies: a 

variance from the single conspiracy charged in the indictment. He alternatively argues

that the indictment was duplicitous. His assertions lack merit because the government 

presented a case that was consistent with the indictment. Numerous witnesses testified to 

Mote’s involvement in a continuous scheme to possess and distribute controlled 

substances in the area of Lehighton, Pennsylvania between early 2006 and January 2007. 

Moreover, a great deal of evidence at trial showed that Mote engaged in this enterprise 

with the same individuals during most of the period in question, and worked with a 

number of people who had an overlapping involvement over the entire time span

referenced in the indictment. There was a continuous agreement among the participants 

to carry out the scheme. The evidence does not support Mote’s claim of two separate 
3

conspiracies. Therefore, his contention of a variance from or duplicity in the indictment 

is meritless. 

However, even if there was error because of a variance, none of Mote’s substantial 

rights were prejudiced by either the verdict or the District Court’s sentence. 

Overwhelming evidence at trial supports the conclusion that Mote was personally 

responsible for the distribution of 280 grams or more of cocaine base. Mote was the only 

defendant and does not contest adequate notice of the charges. Additionally, the 

specificity of the indictment ensures that he is under no danger of a second prosecution 

for the same offense. Finally, with three prior felony drug convictions, the District Court 

properly sentenced him to a mandated life imprisonment. 

For these reasons, we will affirm the District Court’s judgment of conviction and 

sentence.