United States Seventh Circuit

Sentence and conviction of defendants for conspiracy to possess and distribute crack cocaine is affirmed where: 1) the district court did not err in denying defendants' motion for a mistrial because, although the venire lacked any African-Americans, defendants did not show that systematic exclusion of African-Americans caused this void; 2) the district court did not abuse its discretion in allowing a detective to identify defendants' voices on the wiretap tapes; 3) the district court did not abuse its discretion when it allowed the jury to take transcript books back to the deliberation room; 4) the district court did not abuse its discretion in excluding letters written by a witness, even under Rule 613; 5) there was no error in denying defendants' motion for directed verdict based on the variance between the verdict and the indictment; and 6) there was no error in sentencing one of the defendants within the highest possible point in the Guidelines range.

Appellate Information

• Decided 12/29/2009
• Published 12/29/2009

Judges

• FLAUM, Circuit Judge., Before FLAUM, WOOD, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Trevor Perry, Greenville, IL, pro se., LaFrederick Taylor, Yazoo City, MS, pro se., David Neighbors Jonesville, VA, pro se.


• For Appellees:
  
• Bradley Blackington, Attorney (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., Chad E. Groves, Attorney (argued), Groves & Day, Henderson, KY, Conor M. O'Daniel, Foster, Montgomery & O'Daniel, Attorney (argued), Barbara Coyle Williams, Attorney (argued), Evansville, IN, John W. Tullis, Attorney (argued), Owensboro, KY, for Defendants-Appellants.