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United States Seventh Circuit


US v. Nitch, 05-2603

Convictions for conspiracy to manufacture with intent to distribute 500 grams or more of methamphetamine are affirmed over defendants' arguments that: 1) there was an impermissible variance between the single conspiracy charged in the indictment and the multiple conspiracies proven at the trial; and 2) physical evidence introduced at trial was the fruit of an unlawful search and should have been suppressed. One defendant's sentence is affirmed over the defendant's claim that the district court did not adequately explain its sentencing decision and, in particular, failed to properly address the sentencing factors listed in 18 U.S.C. section 3553(a).

Appellate Information

  • Argued 05/05/2006
  • Decided 02/21/2007
  • Published 02/21/2007

Judges

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

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Thomas Edward Leggans (argued), Office of the United States Attorney, Benton, IL, for Plaintiff-Appellee., Mark D. Stuaan (argued), Barnes & Thornburg, Indianapolis, IN, John R. Abell (argued), Troy, IL, for Defendants-Appellants.
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