7th Circuit affirms drug convictions, sentence

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The 7th Circuit Court of Appeals has upheld an Indiana man’s convictions and 360-month sentence for drug-related offenses, rejecting his claims that his right to a speedy trial was violated and the starting time of his offenses was incorrectly determined by the District Court.

In United States of America v. Danny Harmon, 12-1502, Danny Harmon was indicted on several drug charges, including conspiracy to possess with intent to distribute 100 kilograms or more of marijuana. His trial was set for July 18, but the government sought and received one 30-day continuance to gather evidence that since his indictment, Harmon tried to have a witness killed, attempted to intimidate a witness, and attempted to dissipate assets. The trial began Aug. 22, and he was found to have trafficked an average of 113.4 kilograms of marijuana per month for 10 months of the year from December 2001 until January 2011 based on the presentencing report.

Harmon argued that the actual beginning of the trafficking period should have been August 2002, which would have reduced the amount of the drug attributable to him to under 10,000 kilograms, leading to a lesser sentence.

On appeal, he claimed the trial continuance violated his Sixth Amendment right to a speedy trial and the disclosure of a prior drug conviction by a witness deprived him of a fair trial. He also claimed the District Court erred in its fact finding at sentencing.

The 7th Circuit noted that Harmon’s trial date began within 3 ½ months of the date of his indictment and that the “delay is so short that Harmon cannot get past the threshold requirement.”

In addition, some of the delay was attributable to Harmon. The government brought additional charges of attempted murder, witness intimidation and disposing of assets that didn’t occur until after he was indicted and it had to gather more evidence on these for trial. It does not matter that he was not convicted of these charges.

The judges also found that his second argument – that the District Court abused its discretion in denying his motion for a mistrial which was based on the disclosure of his prior drug conviction – didn’t fare any better. A witness mentioned a prior conviction of Harmon's but did not specify it was a drug conviction. Harmon argued the jury didn’t disregard the stricken testimony and that striking the testimony was insufficient to outweigh its prejudicial impact.

“The testimony that Harmon had a prior conviction did not deprive Harmon of a fair trial and the district court did not abuse its discretion in denying his motion for a mistrial. And even if there was error in the introduction of the fact of Harmon’s prior conviction, the error was harmless given the overwhelming evidence of guilt on the counts of conviction,” Judge John D. Tinder wrote.

The judges also found it was reasonable for the court to conclude that the conspiracy did not start from scratch when Bradford Raines joined in August 2002 but that it ran for years prior to that. As such, the drug quantity easily exceeded 10,000 kilograms.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.