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7th Circuit affirms men’s drug convictions

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In a consolidated appeal brought by two men convicted on charges stemming from a heroin conspiracy, the 7th Circuit Court of Appeals affirmed their convictions. Ronald Zitt, who went to trial, argued he was entitled to a mistrial. Joshua Wampler pleaded guilty but argued he should be allowed to appeal.

The two were charged in a multi-count, multi-defendant indictment alleging a heroin conspiracy and substantive counts of distribution. Zitt was convicted by a jury of conspiring to distribute and of distributing heroin; Wampler pleaded guilty to conspiring to distribute heroin.

At Zitt’s trial, government witness James Summers answered a question saying, “I was in prison while he’s locked up,” referring to Zitt. Zitt’s attorney immediately moved for a mistrial, which was denied. The attorney declined the judge’s other remedies: a recess to investigate whether the two men were in the same facility at the same time or an admonishment to the jury that Summers’ answer was irrelevant.

“Even if we assume for the sake of argument that Summers’s testimony was improper, the statement was not so prejudicial that Zitt was denied a fair trial, so any arguable error would be harmless. Summers’s comment was brief and nondescript and, afterward, Zitt’s criminal history was never mentioned again,” Judge Ann Claire Williams wrote. “Thus, there was no danger that, because of this fleeting answer, the jury was prevented from fairly evaluating the evidence.”

“Finally, any impact Summers’s quick reference to Zitt’s past jail time may have had on the jury is outweighed by the overwhelming evidence of guilt,” he continued.

Turning to Wampler’s appeal, the judges dismissed his appeal finding he waived his right to appeal as a condition of his plea agreement. Wampler’s appointed attorney concluded that the appeal is frivolous and sought to withdraw. The Circuit judges granted the attorney’s motion to withdraw and denied Wampler’s motion for substitute counsel.

The case is United States of America v. Ronald Zitt and Joshua Wampler, 12-1277, 12-2865.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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