United States Seventh Circuit

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US v. Spagnola, 10-1433

Defendant's conviction for drug and firearm offenses arising out of scheme to rob a drug stash house and a 275-month sentence are affirmed where: 1) the evidence was sufficient to show that co-defendant and defendant conspired to obtain the cocaine for redistribution and any uncertainty as to precisely how they would sell the drugs does not upset the verdict; 2) the district court did not abuse its discretion in denying request for severance and defendant cannot show actual prejudice based on the joint trial; and 3) the district court did not err in imposing a 2-level enhancement based on perjury at trial and properly sentenced defendant to 5 years consecutive on the section 924(c) count.

Appellate Information

  • Argued 10/19/2010
  • Decided 01/21/2011
  • Published 01/21/2011

Judges

  • ADELMAN

Court

  • United States Seventh Circuit

Counsel