Shawnte Darnell GULLEDGE, Petitioner-Appellant, v. Stuart J. RYAN, Warden, Respondent-Appellee, 177 F. App'x 750

MEMORANDUM As the district court held, Gulledge’s rights were violated by the admission of any portion of the statements made by his two co-defendants. In light of the substantial evidence of lack of consent by the victim and the physical evidence showing that the two co-defendants had acted in concert with Gulledge, the error in admitting their statements has not been shown to have had “a substantial and injurious effect or influence in determining the jury’s verdict.” Brecht v. Abrahamson, 507 U.S. 619, 637, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). AFFIRMED.

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