United States Seventh Circuit

Conviction and sentence for possession of cocaine with intent to distribute are affirmed over defendant's contentions that: 1) the district court erred in admitting evidence of his previous conviction; 2) the district court violated his Sixth Amendment and due process rights by using acquitted conduct to enhance his sentence; 3) the district court did not adequately consider the sentencing factors outlined in 18 U.S.C. section 3553(a); and 4) his sentence was substantively unreasonable because it gave insufficient weight to his diminished mental capacity.

Appellate Information

• Argued 06/08/2007
• Decided 08/03/2007
• Published 08/03/2007

Judges

• FLAUM, Circuit Judge., Before POSNER, FLAUM, and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Meredith P. Duchemin (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., Michael J. Gonring, Joshua D. Maggard (argued), Quarles & Brady, Milwaukee, WI, for Defendant-Appellant.