United States Seventh Circuit

Conviction and sentence for drug crimes is affirmed where: 1) the district court properly declined to give defendant's requested jury instruction on a public authority defense as the evidence was insufficient to support the defense; 2) the evidence was sufficient to support his conviction; and 3) defendant's mandatory-minimum sentence based on judge-found facts regarding prior felony drug convictions did not violate the Sixth Amendment, and and a life term based on recidivism does not constitute cruel and unusual punishment in violation of the Eighth Amendment.

Appellate Information

• Argued 04/15/2008
• Decided 05/15/2009
• Published 05/15/2009

Judges

• SYKES, Circuit Judge., Before CUDAHY, KANNE, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• James E. Crowe, III, Attorney (argued), Office of the United States Attorney, Fairview Heights, IL, for Plaintiff-Appellee., Steven V. Stenger, Attorney (argued), Klar, Izsak & Stenger, St. Louis, MO, for Defendant-Appellant.