United States Seventh Circuit

Sentence for conspiracy and attempt to import cocaine is affirmed over defendant's arguments that: 1) the court clearly erred in its findings regarding drug quantity and the defendant's leadership role in the conspiracy; 2) the court's reliance on judicial findings based on the preponderance of the evidence violated the Constitution; and 3) a sentencing exposure above that which could be imposed on the basis of jury-found facts violated ex post facto principles, and, therefore, due process.

Appellate Information

• Argued 04/12/2007
• Decided 08/17/2007
• Published 08/17/2007

Judges

• RIPPLE, Circuit Judge., Before RIPPLE, EVANS and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Gayle Littleton (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Terence F. MacCarthy, Gabriel B. Plotkin (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant.