United States Seventh Circuit
US v. Nicksion, 09-3732
Defendants' convictions for drug trafficking conspiracy and various firearm offenses are affirmed where: 1) a defendant's claim that his confrontation clause rights were violated at trial when the district judge admitted out-of-court statements implicating him in a homicide, which was used to prove the firearm offense under section 924 is rejected as the statements were made in furtherance of the conspiracy; 2) co-defendant's claim that his pretrial motion to suppress evidence seized from his car during a traffic stop was improperly denied is rejected as the stop and the arrest was justified; 3) co-defendant's claim that the district judge improperly denied his request for a pretrial proffer or hearing regarding the admissibility of alleged co-conspirator statements is rejected as, the statements would have been admissible against him had he not pled guilty; and 4) co-defendant's remaining challenges to his sentence are rejected.
Appellate Information
- Argued 10/20/2010
- Decided 12/09/2010
- Published 12/09/2010
Judges
Court
- United States Seventh Circuit