United States Seventh Circuit

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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.

Appellate Information

  • Argued 01/14/2008
  • Decided 09/12/2008
  • Published 09/12/2008

Judges

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

Court

  • United States Seventh Circuit

Counsel

  • 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.
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