United States Seventh Circuit

Conviction and sentence for drug crimes and conspiracy is affirmed where: 1) the district court did not abuse its discretion in admitting evidence of defendants' gang affiliation as it was relevant to proving the allegations set forth in the indictment; 2) court did not err in refusing to sever defendant Madrigal from the trial; 3) the court properly accepted the government's Santiago proffer, as it gave the court sufficient evidence to conclude that the government met the preconditions for admission of co-conspirator statements; 4) the court did not err in allowing testimony about a prior consistent statement of a witness who was alleged to have fabricated testimony about defendant Delgado-Rios or in allowing defendant's mother-in-law to testify; 5) the prosecutor's disputed statement was not improper vouching, and the improper remark did not render defendant Delgado-Rios's trial fundamentally unfair; 6) the court did not abuse its discretion in denying defendant Meloro's motion to bifurcate the trial; 7) the court did not err in enhancing defendant Tejada's offense level based on leadership; and 8) the court properly sentenced defendant Madrigal based on the drug quantities within the range found by the jury.

Appellate Information

• Argued 04/15/2009
• Decided 07/23/2009
• Published 07/23/2009

Judges

• FLAUM, Circuit Judge., Before FLAUM, RIPPLE, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Stuart D. Fullerton, Attorney (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., James A. Walrath, Attorney (argued), Law Offices of James A. Walrath, Milwaukee, WI, for Rodolfo Madrigal, Defendant-Appellant., Richard L. Zaffiro, Attorney (argued), Wauwatosa, WIl, for Jose Melero, Defendant-Appellant., Carl P. Clavelli, Attorney (argued), Chicago, IL, for Apolinar Delgado Rios, Defendant-Appellant., William H. Dazey, Jr., Attorney (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, William E. Marsh, Attorney, for Saul Tejeda, Defendant-Appellant.