United States Seventh Circuit

Conviction and sentence for drug possession with the intent to distribute are affirmed over defendant's challenges to the district court's: 1) admission of evidence obtained during a search of defendant's home; 2) consideration of defendant's prior criminal convictions that were not proven beyond a reasonable doubt to a jury during sentencing; and 3) use of the sentencing guidelines' suggested crack-to-cocaine-powder ratio.

Appellate Information

• Decided 10/19/2007
• Published 10/19/2007

Judges

• KANNE, Circuit Judge., Before EASTERBROOK, Chief Judge, and KANNE and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Cynthia J. Ridgeway (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., Mark D. Stuaan (argued), Barnes & Thornburg, Indianapolis, IN, for Defendant-Appellant.