United States Seventh Circuit

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US v. Lane, 09-1057

Conviction of defendant for conspiracy to distribute crack cocaine and related crimes is affirmed where: 1) district court did not commit plain error in admitting officer testimony regarding firsthand knowledge; 2) there was more than enough evidence for the jury to find defendant guilty of possession with intent to distribute; 3) it was improper for a witness to mention defendant's criminal history, but the district judge exercised proper discretion in not sua sponte declaring a mistrial; and 4) defendant's argument that the district court miscalculated the applicable drug weight and subsequent guidelines offense level is irrelevant as the district court did not use the guidelines to arrive at the sentence but relied on credible testimony and government evidence.

Appellate Information

  • Argued 11/09/2009
  • Decided 01/12/2010
  • Published 01/12/2010

Judges

  • EVANS, Circuit Judge., Before EVANS and SYKES, Circuit Judges, and DER-YEGHIAYAN, District Judge.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Joseph H. Hartzler, Attorney, Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee., Michael B. Nash, Attorney, Chicago, IL, for Defendant-Appellant.