United States Seventh Circuit

Conviction and sentence for drug crimes is affirmed where: 1) no Speedy Trial Act violation occurred as after excluding the time attributable to the continuances defendant James requested, his trial commenced in a timely fashion; 2) sufficient evidence supports defendant James' conspiracy conviction; and 3) defendant James' sentence was proper as he was subject to a statutory minimum, the district court explained why it decided to impose a sentence above that minimum, and the Supreme Court's decision in Kimbrough had no impact on the sentence. Defendants Harris' sentence is remanded in light of Kimbrough, and defendant Morrow's sentence is remanded, as the district court provided an insufficient explanation and may not have considered all of the relevant 18 U.S.C. sec. 3553(a) factors when it imposed his sentence.

Appellate Information

• Argued 02/19/2009
• Decided 06/02/2009
• Published 06/02/2009

Judges

• WILLIAMS, Circuit Judge., Before FLAUM and WILLIAMS, Circuit Judges, and KAPALA, District Judge.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Robert M. Harris, Oakdale, LA, pro se., Damian Y. James, Manchester, KY, pro se.


• For Appellees:
  
• Thomas Edward Leggans (argued), Office of the United States Attorney, Benton, IL, for Plaintiff-Appellee., Dana Orr (argued), Seyfarth Shaw LLP, Gabriel B. Galloway (argued), Chicago, IL, Susan Kister (argued), Susan Kister, P.C., St. Louis, MO, for Defendants-Appellants.