United States Seventh Circuit

Defendant's conviction for drug conspiracy is affirmed where: 1) defendant's Rule 404(b) argument fails because identity was the sole issue at trial and the evidence regarding the Texas drug transaction was highly probative on that issue; 2) defendant's due process challenge to a witness' identification testimony is rejected because the identification was sufficiently reliable under the circumstances of the case; and 3) defendant's Sixth Amendment right to counsel was not violated as post-indictment, uncounseled identification did not occur during a critical stage of the criminal proceedings under Wade and Ash.

Appellate Information

• Argued 11/03/2008
• Decided 10/19/2009
• Published 10/19/2009

Judges

• SYKES, Circuit Judge., Before KANNE, EVANS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Halley Guren, Attorney (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Linda M. Annoye, Attorney (argued), Thomas L. Shriner, Jr., Attorney, Foley & Lardner, Milwaukee, WI, for Defendant-Appellant.