United States Seventh Circuit

Conviction of defendant for one count of conspiracy to possess cocaine with the intent to distribute and one count of distribution of cocaine arising from charges for leading a multimillion-dollar drug conspiracy, and a 235-month sentence are affirmed in part, vacated in part and remanded where: 1) defendant's conviction is affirmed because the evidence found during search of defendant's home was properly admitted; and 2) although the evidence was sufficient to establish the drug quantity and the original guidelines calculation, defendant's sentence is vacated and remanded as the district court's comments during the sentencing hearing were utterly out of bounds and there is no way of assessing how the improper observations affected the district court's final choice of a sentence.

Appellate Information

• Argued 04/20/2010
• Decided 09/13/2010
• Published 09/13/2010

Judges

• WOOD

Court

• United States Seventh Circuit

Counsel