United States Seventh Circuit

Conviction of defendant for possessing crack cocaine with intent to distribute it and conspiring to distribute is affirmed but the sentence is remanded for resentencing where: 1) district court did not commit clear error in its factual determination on denying defendant's motion to suppress; 2) the admission of firearm possession evidence against defendant was not so prejudicial as to constitute plain error; 3) defendant has not shown plain error with respect to the admission of evidence of crack cocaine sales and Rule 404(b) did not apply; 4) the district court properly denied defendant's motion for a mistrial; and 5) the district court erroneously believed that it could not take into account the disparity between the guidelines advisory ranges for powder and crack cocaine when determining defendant's sentence.

Appellate Information

• Argued 04/01/2010
• Decided 05/10/2010
• Published 05/10/2010

Judges

• HAMILTON, Circuit Judge., Before EASTERBROOK, Chief Judge, and BAUER and HAMILTON, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Kartik Kalyan Raman, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Susan M. Pavlow, Attorney, Weinberg & Rizzi, Chicago, IL, for Defendant-Appellant.