United States Seventh Circuit

Conviction and sentence on drug and weapons charges are affirmed where: 1) jury instructions that correctly stated the disjunctive requirements of the interstate commerce requirement of the felony-in-possession statute corrected a misstatement in the indictment which listed the requirements as conjunctive; 2) the district court did not abuse its discretion in denying a motion to sever a felon-in-possession charge; 3) there was sufficient evidence to support the conviction; 4) the district court correctly calculated defendant's base offense level; 5) the court correctly determined that a previous state felony was a crime of violence for purposes of a career offender enhancement; and 6) defendant's sentence was reasonable.

Appellate Information

• Decided 04/01/2008
• Published 04/01/2008

Judges

• WILLIAMS, Circuit Judge., Before CUDAHY, POSNER, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Matthew Getter (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Douglas J. Rathe (argued), Wilmette, IL, for Defendant-Appellant.