United States Seventh Circuit

Conviction for conspiracy to distribute and/or possess with the intent to distribute controlled substances is affirmed where: 1) there was no fatal variance between the conspiracy alleged in the indictment and the proof adduced at trial, as there was sufficient evidence to support the conspiracy charge and he was not prejudiced by the admission of evidence of the conspiracy; and 2) testimony of government witnesses was not irrelevant and not unduly prejudicial. Sentence is remanded for resentencing where district court applied the wrong sentencing guidelines range.

Appellate Information

• Argued 10/29/2008
• Decided 03/06/2009
• Published 03/06/2009

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Barry D. Glickman (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., Vilija Bilaisis (argued), Sniegowski & Bilaisis, PLC, Ludington, MI, for Defendant-Appellant.