United States Seventh Circuit

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US v. Rea, 09-2652

District court's conviction of defendants for conspiracy to distribute in excess of 500 grams of a mixture containing methamphetamine and other related offenses, and their sentences are affirmed in part and vacated in part where: 1) because the government concedes defendant's argument, that the conspiracy alleged in his indictment is a lesser included offense of the continuing criminal enterprise (CCE) and that, along with a special assessment for each, his concurrent sentences thus amount to cumulative punishment not authorized by Congress, defendant's conviction and sentence for conspiracy are vacated; 2) the evidence presented against defendant was sufficient to justify his continuing criminal enterprise conviction; 3) district court did not abuse its discretion by admitting the statements made by defendant's co-conspirators and any error related to an agent's testimony was harmless; 4) district court did not plainly err by imposing the firearm sentencing enhancement upon the defendant as the government demonstrated that the guns were found in close proximity to drug paraphernalia and that defendant dealt in large quantities of meth on a frequent basis; 5) sufficient evidence supported co-defendant's conviction for conspiracy as based on the evidence, any reasonable juror could find that the relationship between the defendants exceeded that of a buyer-seller relationship; and 6) district court's calculation errors did not affect co-defendant's substantial rights.

Appellate Information

  • Argued 05/26/2010
  • Submitted 09/02/2010
  • Decided 09/02/2010
  • Published 09/02/2010

Judges

  • <a href="http://pview.findlaw.com/view/2294328_1">KANNE</a>

Court

  • United States Seventh Circuit

Counsel