United States Seventh Circuit
US v. York, 07-2032
Conviction and sentence for drug crimes is affirmed where: 1) the district court properly admitted the majority of agents' interpretation testimony of the coded language of the narcotics trade; 2) a failure to exclude three interpretations as improper dual testimony was harmless beyond a reasonable doubt as the evidence against defendant was overwhelming, and the exclusion would not have resulted in a different verdict; and 3) defendant's motion to remand his sentence is denied as remand is not required to petition the district court to reduce his sentence in light of the retroactive application of the revised crack guidelines.
Appellate Information
- Argued 04/17/2008
- Decided 07/15/2009
- Published 07/15/2009
Judges
- TINDER, Circuit Judge., Before RIPPLE, MANION, and TINDER, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellees:
- Gayle Littleton, Attorney (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Brian Keenan, Attorney (argued), Thomas L. Shriner, Jr., Brian Keenan, Foley & Lardner, Milwaukee, WI, for Defendant-Appellant.