United States Seventh Circuit

Convictions and sentences for drug and firearms charges are affirmed over defendants' arguments that: 1) there was insufficient evidence to support the convictions; 2) there was a variance between the indictment and the proof at trial; and 3) the district court should have suppressed evidence seized in one defendant's car. Sentence for one defendant is remanded where the district court erred by punishing him twice for possessing a firearm.

Appellate Information

• Argued 05/03/2007
• Decided 07/16/2007
• Published 07/16/2007

Judges

• FLAUM, Circuit Judge., Before EASTERBROOK, Chief Judge, and FLAUM and RIPPLE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Christina Egan, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Frederick F. Cohn (argued), Chicago, IL, for Miguel Bustamante, Defendant-Appellant., Robert E. Shapiro, Shermon Kruse (argued), Barack, Ferrazzano, Kirschbaum & Nagelberg, Chicago, IL, for Raphael Pena, also know as Flaco, Defendant-Appellant., Victoria L. Bailey (argued), Gilroy, Kammen & Hill, Indianapolis, IN, for Abraham Estremera, Defendant-Appellant., William H. Dazey, Jr., (argued), William E. Marsh, Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Steve Liscano, Defendant-Appellant.