United States Seventh Circuit

Convictions for manufacturing methamphetamine and unlawful possession of a firearm are vacated and remanded where: 1) defendant's pretrial motions for a bill of particulars and to sever the two charges were properly denied; 2) the indictment was not constructively amended at trial by imprecise evidence as to the dates of events alleged; and 3) the evidence introduced was sufficient to support the convictions; but 4) comments made by the trial judge during a pretrial suppression hearing regarding the credibility of a government witness were improperly admitted at trial as "judicial testimony" in violation of Fed. R. Crim. P. 605, and this evidence was prejudicial to defendant.

Appellate Information

• Argued 04/03/2008
• Decided 09/08/2008
• Published 09/08/2008

Judges

• TINDER, Circuit Judge., Before FLAUM, MANION, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Timothy A. Bass (argued), Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee., Robert Kirchner (argued), Champaign, IL, for Defendant-Appellant.