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United States Seventh Circuit


US v. Kincannon, 08-2891

Conviction and sentence for drug conspiracy is affirmed where: 1) the evidence was sufficient for a jury to reasonably infer that defendant and his co-conspirator agreed to more than just the individual drug purchases, but that they were cooperating to facilitate defendant's further drug distribution efforts; 2) the court did not err in using the preponderance of the evidence standard to determine that the conspiracy involved at least 50 grams of methamphetamine, and defendant's sentence was below the statutory maximum for conspiracies involving 50 grams or more of methamphetamine; 3) the prosecutor's closing statements to the jury were not improper; and 4) the sentence was reasonable despite defendant's advanced age.

Appellate Information

  • Argued 04/10/2009
  • Decided 06/08/2009
  • Published 06/08/2009

Judges

  • EVANS, Circuit Judge., Before BAUER, FLAUM, and EVANS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Robert L. Garrison, Attorney (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee., Jason Krigel (argued), Alison Siegler, Attorney, Mandel Legal Aid Clinic, Chicago, IL, for Defendant-Appellant.
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