United States Seventh Circuit

Conviction and sentence for drug conspiracy is affirmed where: 1) evidence was sufficient sufficient for a reasonable juror to have found defendant knowingly agreed with others to distribute illegal drugs; 2) the court did not err in denying defendant's proposed jury instruction regarding evidence of multiple conspiracies; 3) the court did not abuse its discretion by prohibiting defendant from questioning co-defendant Kincaid and allowing Kincaid to invoke his Fifth Amendment privilege; and 4) the court did not err in the sentencing enhancements it imposed on defendant. Defendants Longstreet and Ervin are entitled to limited remand to determine possible resentencing in light of Kimbrough.

Appellate Information

• Argued 11/03/2008
• Decided 06/08/2009
• Published 06/08/2009

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Megan Cunniff Church (submitted), Office of U.S. Atty., Chicago, IL, for Plaintiff-Appellee., Daniel McCammon Cordis (submitted), Foley & Lardner, LLP, Chicago, IL, Thomas L. Shriner, Jr., Foley & Lardner, Milwaukee, WI, for Defendant-Appellant, Ray Longstreet., Johanna M. Christiansen, Office of the Federal Public Defender, Jonathan E. Hawley, Chief Asst. Federal Public Defender, Office of the Federal Public Defender, Richard H. Parsons, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant, Michael Ervin., Robert A. Handelsman (submitted), Chicago, IL, for Defendant-Appellant, Anselmo Zepeda.