United States Seventh Circuit

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US v. Simmons, 08-2400

Sentence and conviction of defendant for drug related crimes is affirmed where: 1) district court did not abuse its discretion in denying defendant's request for new appointed counsel as the court addressed his motion in a manner fully consistent with the three-part inquiry set forth in settled case law; 2) admission of video recordings of controlled buys did not violate the Confrontation Clause as they were not offered for their truth and were not testimonial; 3) evidence was adequate to support the jury's finding that defendant possessed a gun found; 4) video was not ambiguous in showing that the person captured on video distributing heroin was defendant; 5) district court did not commit clear error in finding that cash found in a house was the product of heroin sales when applying an enhancement; and 6) the sentence imposed was reasonable.

Appellate Information

  • Argued 01/13/2009
  • Decided 09/18/2009
  • Published 09/18/2009


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


  • United States Seventh Circuit


  • For Appellant:
  • Arthur Simmons, Chicago, IL, pro se.

  • For Appellees:
  • Daniel L. Bella, Thomas S. Ratcliffe, Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee., R. Brian Woodward, Casale, Woodward & Buls, Merrillville, IN, for Defendant-Appellant.