United States Seventh Circuit

Conviction and sentence for distributing crack cocaine are affirmed over objections that: 1) there was insufficient evidence to convict given the failure of recording equipment that was to audiotape the drug transaction; 2) deposition testimony of an unavailable witness used against defendant was prejudicial and violated defendant's Sixth Amendment rights; and 3) the judge used a preponderance of the evidence standard to find drug quantities that subjected defendant to a mandatory minimum sentence.

Appellate Information

• Decided 08/20/2008
• Published 08/20/2008

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Sharon Fairly (argued), Office of the United States Attorney, for Plaintiff-Appellee., John T. Moran, Jr. (argued), Moran & Associates, Chicago, IL, for Defendant-Appellant.