United States Seventh Circuit

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US v. Mitten, 09-1758

Conviction and sentence of a defendant for possessing five grams or more of crack cocaine with intent to distribute and unlawful possession of a firearm in furtherance of a drug trafficking crime is affirmed where: 1) the affidavit was not so lacking in probable cause that the officer could not have believed the warrant was valid; 2) jury had sufficient evidence to conclude that the gun was possessed in furtherance of the drug trafficking crime; and 3) defendant's argument, that the minimum ten-year sentence to which he was subject to on the underlying drug trafficking crime rendered him exempt from section 924(c)'s consecutive sentence scheme, is foreclosed by prior case law.

Appellate Information

  • Argued 11/13/2009
  • Decided 01/20/2010
  • Published 01/20/2010

Judges

  • GRIESBACH, District Judge., Before KANNE and TINDER, Circuit Judges, and GRIESBACH, District Judge.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Richard Cox, Office of the United States Attorney, Urbana, IL, for Plaintiff-Appellee., George F. Taseff, Attorney, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.