United States Seventh Circuit

Upon petitions by both parties for rehearing, defendant's petition is denied, government's petition granted, and conviction and sentence for possession with intent to distribute crack cocaine are affirmed where: 1) evidence regarding defendant's intent to distribute was properly admitted; and 2) offenders sentenced under the career offender Guideline should not be accorded a Kimbrough/Taylor remand.

Appellate Information

• Argued 02/21/2008
• Decided 12/05/2008
• Published 12/05/2008

Judges

• RIPPLE, Circuit Judge., Before FLAUM, RIPPLE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Joseph H. Hartzler (argued), Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee., Shane Brunner (argued), Molly E. Peck, Michael Best & Friedrich, Madison, WI, for Defendant-Appellant.