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United States Seventh Circuit


US v. Otero, 05-3132

Convictions and sentences on drug charges are affirmed over defendants' arguments that: 1) an affidavit supporting a search warrant of one defendant's house did not establish probable cause and the good faith exception to the warrant requirement was inapplicable; 2) the district court improperly instructed the jury regarding the standard of proof necessary to establish venue; and 3) the sentencing was deficient. One defendant's sentence for a single charge is reversed where the court exceeded the statutory maximum for the charge.

Appellate Information

  • Argued 01/11/2007
  • Decided 07/19/2007
  • Published 07/19/2007

Judges

  • BAUER, Circuit Judge., Before BAUER, FLAUM, and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Jonathan H. Koenig (argued), Michelle L. Jacobs, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee., Daniel D. Resheter, Jr. (argued), Milwaukee, WI, for Defendant William Otero., Jason R. Epstein (argued), Chicago, IL, for Defendant James Wood.
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