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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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