United States Seventh Circuit

Sentence and conviction of multiple defendants for drug conspiracy and related crimes involving corrupt police officers is affirmed where: 1) defendants did not offer evidence to prove a variance between the conspiracy charged and that proven, and the evidence presented by the government was sufficient to establish defendants' participation in the overall conspiracy; 2) defendant's section 924(c) conviction is supported by sufficient evidence that he carried a firearm during and in relation to the the attempted ripoff; 3) district court did not err in denying a defendant's motion for judgment of acquittal and motion for a new trial based on evidence of quantity of drugs; 4) defendant's conviction under section 924(c) is affirmed as it was reasonably foreseeable that a co-conspirator would have used a weapon during the ripoff; 5) district court did not clearly err in finding that defendant was not entitled to a minor role reduction in his offense level; and 6) district court did not commit clear error in applying a four-level enhancement for use of body armor.

Appellate Information

• Argued 06/05/2009
• Decided 09/17/2009
• Published 09/17/2009

Judges

• TINDER, Circuit Judge., Before POSNER, MANION, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Matthew B. Burke, Attorney, John R. Lausch, Jr., Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Katherine Elizabeth Agonis, Attorney, Mayer Brown LLP, Allan A. Ackerman, Attorney, Chicago, IL, Marc M. Barnett, Attorney, Barnett & Nagel, Bridgeview, IL, Thomas L. Shriner, Jr., Attorney, Foley & Lardner, Milwaukee, WI, for Defendants-Appellants.