United States Seventh Circuit

Conviction of defendant for distribution of cocaine base and imposition of a 300-month sentence are affirmed where: 1) because any error in admitting defendant's prior conviction was harmless, the question of whether Rule 404(b) permitted it need not be addressed; 2) for similar reasons as the admission of defendant's prior conviction, it need not be decided whether the admission of prior drug sales evidence was error; 3) the district court did not abuse its discretion in admitting the recordings of telephone calls defendant made while in jail awaiting trial; 4) brief mention of defendant's booking photograph cannot be reversible under the plain error standard; and 5) the district court did not abuse its discretion in imposing a sentence of 300 months' imprisonment.

Appellate Information

• Argued 04/23/2010
• Decided 10/26/2010
• Published 10/26/2010

Judges

• HIBBLER

Court

• United States Seventh Circuit

Counsel