United States Seventh Circuit

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U.S. v. Garcia, 04-3159

Conviction for possession with intent to distribute cocaine is upheld over defendant's objections that expert witness testimony deprived him of the presumption of innocence, but sentence of 126 months in prison is reversed and remanded for a full resentencing where the lower court treated the sentencing guidelines as mandatory.

Appellate Information

  • Argued 11/02/2005
  • Decided 02/28/2006
  • Published 02/28/2006

Judges

  • COFFEY, Circuit Judge., Before COFFEY, EASTERBROOK, and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Andrew Porter (argued), Margaret Hickey, Chicago, IL, for Plaintiff-Appellee., Richard M. Goldwasser (argued), Chicago, IL, for Defendant-Appellant.