United States Seventh Circuit

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US v. Bell, 09-3908

In a prosecution of a defendant for distributing more than five grams of cocaine base, district court's imposition of a 292-month sentence, revocation of his previous term of supervised release and imposition of an additional 60-month sentence for violating the conditions of his supervised release for committing another crime, are affirmed where: 1) defendant's evidentiary objections to a letter and to a rebuttal witness's testimony cannot overcome the highly deferential standards of review applied to evidentiary determinations; 2) defendant's contention that the government improperly employed propensity arguments during its closing and rebuttal arguments is unable to clear the high bar of plain error review; 3) the merits of defendant's request to overturn the revocation of his supervised release need not be considered independently, as that claim could only succeed if his conviction were rendered invalid; and 4) defendant's sentence is affirmed as the Fair Sentencing Act of 2010 (FSA) does not apply to his case as the FSA is not retroactive.

Appellate Information

  • Argued 05/21/2010
  • Decided 10/20/2010
  • Published 10/20/2010

Judges

Court

  • United States Seventh Circuit

Counsel


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