United States Seventh Circuit

Conviction and sentence for participation in a drug conspiracy are affirmed over objections that: 1) there was a fatal variance between the indictment's charge of a single conspiracy and the proof offered at trial of three related conspiracies; 2) a jury instruction should have been given regarding the proof that defendant had belonged to a particular conspiracy; 3) investigators' applications to use wiretap surveillance failed to show necessity, and evidence gathered from wiretaps should therefore have been suppressed; and 4) his sentence was unreasonable.

Appellate Information

• Argued 02/14/2008
• Decided 09/03/2008
• Published 09/03/2008

Judges

• TINDER, Circuit Judge., Before RIPPLE, SYKES, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Stuart D. Fullerton, Faris Hussein (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Nishay K. Sanan (argued), Chicago, IL, for Defendant-Appellant.