United States Seventh Circuit

In a prosecution for conspiracy to distribute cocaine, one defendant's sentence is affirmed where defendant failed to call into question the accuracy of a pre-sentence report containing a probation officer's estimated cocaine quantity, on which the court relied to select a base offense level. Another defendant's sentence is vacated and remanded where there was a lack of evidence supporting the district court's conclusion that he was responsible for 14 to 15 kilograms of crack.

Appellate Information

• Argued 03/04/2008
• Decided 05/05/2008
• Published 05/05/2008

Judges

• KANNE, Circuit Judge., Before CUDAHY, KANNE, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Bradley Blackington (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., James C. McKinley (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant, Rodrigo Soto-Piedra., Thomas A. Brodnik (argued), Stark, Doninger & Smith, Indianapolis, IN, for Defendant-Appellant, Miguel Hernandez.