United States Seventh Circuit

District court's sentencing and conviction of defendants for conspiracy with intent to distribute drugs is affirmed where: 1) defendants' argument, that the district court failed to instruct the jury regarding freebase cocaine and that 21 U.S.C. section 841 is void for vagueness, is rejected as there is no language in the statute setting a minimum purity level in order for a substance to be considered crack cocaine; and 2) defendants' remaining claims that they were denied a fair trial are without merit.

Appellate Information

• Argued 12/10/2008
• Decided 09/04/2009
• Published 09/04/2009

Judges

• ROVNER, Circuit Judge., Before POSNER, KANNE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Ryan Hedges (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Ralph J. Schindler, Jr. (argued), Attorney, Chicago, IL, Michael B. Mann (argued), Maywood, IL, for Defendants-Appellants.