United States Seventh Circuit

District court's convictions of defendant for conspiracy and attempted kidnapping of witnesses in a trial against a drug kingpin, and conspiracy to retaliate against these witnesses are affirmed in part, reversed in part and remanded where: 1) district court did not abuse its discretion in admitting evidence regarding the underlying uncharged drug-trafficking conspiracy as this evidence was highly probative of defendant's motive for orchestrating the kidnapping; 2) the evidence was sufficient to sustain defendant's convictions for conspiracy to kidnap and attempted kidnapping; but 3) defendant's conviction on the retaliation count is vacated as the government presented no evidence that defendant knew the two targets of the kidnapping plot had given testimony against the drug trafficker for whom defendant was purportedly working, but rather, evidence suggested that defendant thought the witnesses owed the drug kingpin money; and 4) defendant's sentence is remanded for resentencing on an independent ground as the district judge erroneously withheld a three-level reduction under U.S.S.G. section 2X1.1(b)(1) because he mistakenly concluded that defendant was "about to complete" the kidnapping.

Appellate Information

• Argued 05/12/2010
• Decided 08/11/2010
• Published 08/11/2010

Judges

• SYKES

Court

• United States Seventh Circuit

Counsel