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Circuit Court vacates drug sentence

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The 7th Circuit Court of Appeals affirmed a man's drug conviction, but vacated his sentence because it wasn't confident the District Court judge properly sentenced him.

In United States of America v. Anthony D. Edwards, No. 08-1124, Anthony Edwards appealed his conviction of distributing 5 grams or more of crack and his 108-month prison sentence. Edwards argued his admissions made during a second statement shouldn't have been admitted because he wasn't given Miranda warnings again during his second round of questioning. Approximately 45 minutes earlier, he had signed the waiver form during the first round of questioning and said he understood his rights.

He also claimed evidence of a prior criminal activity by him shouldn't have been admissible under Rule 404(b).

The Circuit Court found the time lapse between Edwards being advised of his rights and his second round of questioning not to be long enough to make the Miranda warnings "stale," wrote Judge Richard Posner. Edwards didn't rebut a presumption that he should remember his right to remain silent even if some time had elapsed between his receiving the warnings and undergoing the questioning in which he gave inculpatory statements.

In terms of the evidence of the prior criminal activity being admitted, the Circuit Court focused on whether the evidence was relevant to an issue in the case, and if so, whether the probative weight of the evidence was nevertheless substantially outweighed by its prejudicial effect or by its propensity to confuse or mislead the jury. The testimony by Beagle, the government informant, about previous drug buys between him and Edwards bolstered the government's case that it had arrested Edwards during the course of a drug sale.

"All prior-crimes evidence is prejudicial; otherwise there would be no need for Rule 404(b). But the judge did not abuse his discretion in ruling that the admission of the evidence in this case passed muster, for without it the jury might have thought that Beagle had fabricated a planned drug sale in order to curry favor with the government," Judge Posner wrote.

In terms of Edwards' sentence, the Circuit Court noted the District Court judge gave no reason for his belief that $765 found on Edwards during his arrest was proceeds from selling crack. Edwards claimed the money was from selling a van, although there was no evidence to prove his story. The money also could have come from previous sales to Beagle, which would have led to double counting in estimating the amount of crack Edwards had sold.

The District judge had added 12.75 grams to the amount of crack that other evidence showed Edwards had either sold or possessed with the intent to sell. He could have assumed that without basing the assumption on the $765, and still sentenced Edwards to the same guidelines range. However, the Circuit Court isn't confident he wouldn't have imposed a lower sentence if he had drawn no inference from the money, so it vacated Edward's sentence and remanded for a further sentencing hearing.

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  1. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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