United States Seventh Circuit

District court's sentencing and conviction of defendant for conspiracy and attempted possession of drugs is affirmed where: 1) defendant did not have a reasonable expectation of privacy in his vehicle after he turned it over to a shipper, and because he lacked a reasonable expectation of privacy in the vehicle, he does not have standing to challenge the search of the car and subsequent seizure of the drugs hidden inside; 2) even if defendant had standing to challenge the search, the search complied with the requirements of the Fourth Amendment; 3) the district court did not err in denying defendant's motion for a continuance; 4) defendant's claim that his conviction should be reversed because the indictment was constructively amended is rejected; and 5) the Blockburger test should be applied at the sentencing phase to determine whether separate sentences are appropriate for the crimes charged and convicted, even where those crimes arise out of a single criminal act, and here, defendant may be sentenced for both conspiracy and attempt.

Appellate Information

• Decided 12/07/2009
• Published 12/07/2009

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Tinos Diamantatos, Attorney (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Jason P. Stiehl (argued), Seyfarth Shaw LLP, Chicago, IL, for Defendant-Appellant.