United States Seventh Circuit

Conviction for one defendant on narcotics charges is affirmed where: 1) the trial court's refusal to allow cross-examination on an issue that was only marginally relevant to the prosecution did not violate the Sixth Amendment; and 2) the evidence was sufficient to support the conviction. Sentences for both defendants are affirmed where: 1) there was no compelling reason to overturn the sentencing court's finding that one defendant was responsible for 2.5 kilograms of cocaine; 2) it was not clear error for the court to deny a credit for acceptance of responsibility based on defendant's frivolous argument in the related conduct issue; 3) the district court properly credited the testimony of the narcotics officers and government chemist that the cocaine base seized from another defendant was crack cocaine; and 4) the 100:1 crack cocaine to powder cocaine ratio does not unreasonably create an unwarranted sentencing disparity.

Appellate Information

• Decided 12/08/2006
• Published 12/08/2006

Judges

• KANNE, Circuit Judge., Before FLAUM, KANNE, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Jeffrey M. Anderson, David Reinhard (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., David A. Geier (argued), Larowe, Gerlach & Roy, Robert T. Ruth, Madison, WI, for Defendants-Appellants.