United States Seventh Circuit

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US v. Thomas, 05-4222

Conviction and sentence on drug conspiracy and distribution charges are affirmed where: 1) there was sufficient evidence of a single conspiracy to overcome defendant's fatal variance claim; 2) there was no actual variance between the indictment and the proof offered at trial; 3) a grand jury investigation of defendant while he was under indictment on state charges did not constitute a vindictive prosecution; 4) the inclusion of an additional count that makes it easier for the government to argue for the admission of "other acts" evidence does not make the prosecution of the additional count vindictive; 5) closing statements made by the prosecution were not improper; 6) the district court properly applied the career offender guideline; and 7) the sentence imposed was reasonable.

Appellate Information

  • Argued 03/28/2007
  • Decided 03/24/2008
  • Published 03/24/2008

Judges

  • SYKES, Circuit Judge., Before POSNER, ROVNER, and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Rachel Cannon, Tinos Diamantatos (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Nishay K. Sanan (argued), Chicago, IL, for Defendant-Appellant.
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