United States Seventh Circuit

Sentence for possession of heroin with intent to distribute is affirmed where: 1) the government established by a preponderance of the evidence that defendant actually or constructively possessed a weapon involved with drug activities; and 2) the vagueness doctrine does not apply to the sentencing guidelines.

Appellate Information

• Argued 12/06/2007
• Decided 04/01/2008
• Published 04/01/2008

Judges

• RIPPLE, Circuit Judge., Before EASTERBROOK, Chief Judge, and CUDAHY and RIPPLE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Barry Rand Elden (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Frederick F. Cohn (argued), Chicago, IL, for Defendant-Appellant.