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Monday, December 03, 2012

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

In US v. Moreland, et al (SD ind., Magnus-Stinson), a 26-page opinion, Circuit Judge Posner writes:

The nine defendants were charged with conspiracy to distribute large quantities of methamphetamine and marijuana (two of them were charged in addition with being felons in possession of firearms). All were convicted by a jury and given long prison sentences: Moreland 110 months, Smith 151, Bailey 216, Pitts 420, and the others life. Only one defendant, Shelton, was charged with a substantive drug offense; this is a further illustration, if any is needed, that conspiracy is indeed the prosecutors’ darling. We listed the reasons in United States v. Nunez, 673 F.3d 661, 662-64 (7th Cir. 2012) [other cites omitted] —though we add that a prosecutor’s putting all his eggs in the conspiracy basket can be a risky tactic, as we’ll see.

[Issues raised include the government’s use of wiretap evidence, "the judge’s having in advance of voir dire excused several potential jurors", expert testimony, etc.]

The judgments are AFFIRMED.

Posted by Marcia Oddi on December 3, 2012 02:10 PM
Posted to Ind. (7th Cir.) Decisions