US v. Hernandez, 07-1134
Sentence for conspiring to distribute cocaine is reversed and remanded where: 1) there was no clear error in the crediting of testimony given by government witnesses at sentencing; but 2) the drug quantity calculation arrived at was not explained by the district court; and 3) the record was unclear as to whether the government had met its stipulated burden of proving drug quantities beyond a reasonable doubt.
- Argued 01/14/2008
- Decided 09/12/2008
- Published 09/12/2008
- WILLIAMS, Circuit Judge., Before POSNER, KANNE, and WILLIAMS, Circuit Judges.
- United States Seventh Circuit
- For Appellees:
- Richard N. Cox (argued), Office of the United States Attorney, Urbana, IL, for Plaintiff-Appellee., Frederick F. Cohn (argued), Chicago, IL, for Defendant-Appellant.