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7th Circuit affirms drug conspiracy judgments, cautions prosecution

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Nine defendants who were convicted in federal court of drug conspiracy for distributing methamphetamine and marijuana will continue to serve their sentences after the 7th Circuit Court of Appeals affirmed the judgments but issued cautions for federal prosecutors.

In U.S. v. Jwuan L. Moreland, Antrio B. Hammond, Wesley S. Hammond, Susie A. Smith, Herbert D. Phipps, David J. Pitts, Bradley S. Shelton, Michael D. Weir and Timothy Bailey, 11-2546, 11-2552, 11-2632, 11-2633, 11-2696, 11-3146, 11-3319, 11-3321, 11-3367, the court affirmed convictions and sentences ranging from 110 months to life in prison. The appeal arose from cases tried by Judge Jane Magnus-Stinson in the District Court for the Southern District of Indiana, Terre Haute Division.

Writing for the panel, Circuit Judge Richard Posner warned that “a prosecutor’s putting all his eggs in the conspiracy basket can be a risky tactic,” particularly when one defendant’s role in the larger drug-dealing operation was questionable.

Herbert Phipps argued that he was merely a buyer of methamphetamine and that his intent to deal was not established. “The government was skating on thin ice by failing to charge him with a substantive drug offense, for which the evidence was much stronger, rather than just with conspiracy,” Posner wrote.

“Nevertheless his conviction must stand. The jury heard evidence that he indeed sold as well as consumed meth that he bought from the drug ring in quantity on credit. … At trial he testified that this was a ruse to obtain a large quantity of meth for his personal use, but the jury didn’t have to believe him,” Posner wrote.

The opinion rejects individually the arguments raised by each defendant in affirming the judgments against them, but Posner also wrote, “The jury instructions were repetitive and confusing, and included an open-ended list of factors from which membership in a conspiracy could be inferred.”

Posner also took issue with the designation of a Drug Enforcement Administration witness’s testimony as both expert and non-expert. “Using terms like ‘lay witness’ and ‘expert witness” and trying to explain to the jury the difference between the two types of witness is inessential and, it seems to us, ill advised,” he wrote.
 



 

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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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