United States Seventh Circuit

Defendants' convictions and sentences for drug related crimes are affirmed where: 1) the district court did not abuse its discretion in determining that the government had laid sufficient foundation for the officer's voice identification testimony under Rule 901(b)(5); 2) the district court did not abuse its discretion in admitting certain transcripts at trial, allowing the jury to use transcripts that named defendants as speakers, and permitting the jury to use the transcripts during deliberations; 3) the trial court did not abuse its discretion in admitting non-hearsay co-conspirator statements as the statements were made in furtherance of the conspiracy, because they were arguably made to recruit a new member into the conspiracy; 4) there is no clear error with the district court's factual findings with respect to the offense level increase; and 5) because the automobile exception to the warrant requirement was satisfied, district court did not err in its determination of probable cause.

Appellate Information

• Argued 09/08/2010
• Decided 11/17/2010
• Published 11/17/2010

Judges

• BAUER

Court

• United States Seventh Circuit

Counsel