United States Seventh Circuit

Defendant's conviction for drug related crimes is vacated in part, affirmed in part and remanded where: 1) defendant's conspiracy conviction is vacated as a drug purchaser does not enter into a conspiracy with his supplier by reselling the drugs to his own customers, as a conspiracy requires evidence that the buyer and seller entered into an agreement to commit a crime other than the crime that consists of the sale itself; 2) defendant's remaining convictions are affirmed as there was sufficient evidence to affirm the jury's verdict for possession of cocaine with intent to distribute and using a telephone to facilitate a drug felony; and 3) defendant's 72-month sentence is vacated and remanded as it hinged largely on his conspiracy conviction.

Appellate Information

• Argued 12/02/2009
• Decided 01/19/2010
• Published 01/19/2010

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Matthew Getter, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Brian H. Potts, Foley & Lardner, Madison, WI, Thomas L. Shriner, Jr., Foley & Lardner, Milwaukee, WI, for Defendant-Appellant.