United States Seventh Circuit

District court's imposition of a life sentence and conviction of a defendant for overseeing a gang-related crack distribution operation including engaging in a continuing criminal enterprise (CCE) is affirmed in part and reversed in part where: 1) the district court properly admitted evidence of prior bad acts under Rule 404(b) and took steps to ensure that the jury understood the permissible purpose of the prior bad acts testimony; 2) the court's instructions fairly and accurately informed the jury that it was required to agree unanimously on every element of the CCE offense, including defendant's managerial role; but 3) defendant's sentence is vacated and remanded so that the district court may consider whether the disparate treatment of crack versus powder cocaine under the guidelines applicable at the time he was sentenced renders his life sentence unreasonable.

Appellate Information

• Argued 01/07/2009
• Decided 10/14/2009
• Published 10/14/2009

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Barry Levenstam, Attorney, Erin R. Schrantz, Attorney (argued), Jenner & Block, Chicago, IL, for Amicus Curiae.


• For Appellees:
  
• Gregory K. Harris, Attorney, Joseph H. Hartzler, Attorney (argued), Patricia A. McInerney, Attorney, Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee., Kenneth J. Hogan, Attorney, Galesburg, IL, John G. Nolle, Attorney, Springfield, IL, Kellie E. Paris-Asaka, Attorney, Omaha, NE, for Defendant-Appellant.