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Friday, March 06, 2009

Ind. Decisions - 7th Circuit decides one Indiana case today

In US v. Martin Avila (SD Ind., Chief Judge Hamilton), a 27-page opinion, Judge Kanne writes:

From 2000 to 2001, law enforcement officers conducted an investigation that revealed extensive drug trafficking activities in the Indianapolis area. An organization comprised primarily of Mexican nationals was obtaining large amounts of controlled substances from individuals in Mexico, Texas, and Illinois, and redistributing the drugs throughout parts of Indiana. On October 17, 2002, defendant Martin Avila and eight other individuals were indicted for their roles in the conspiracy. Avila was tried alone in a two-day jury trial and convicted on March 13, 2007. He was sentenced to 396 months’ imprisonment and ten years of supervised release. Avila appeals his conviction and sentence. He argues (1) that he was prejudiced by a fatal variance between the charged crime and the proof adduced at trial; (2) that the district court erred in admitting several witnesses’ testimony or comments; and (3) that the Sentencing Guidelines range imposed was inaccurate. For the reasons that follow, we affirm Avila’s conviction and remand for resentencing.

Posted by Marcia Oddi on March 6, 2009 12:26 PM
Posted to Ind. (7th Cir.) Decisions