United States v. Saunders, No. 13-3863 (7th Cir. 2016)
Annotate this CaseSaunders and Bounds sold heroin on the west side of Chicago. Their co-conspirators testified against them, and they were convicted of conspiring to distribute at least 100 grams but less than one kilogram of heroin. At sentencing, the court held them responsible for between three and ten kilograms of heroin and sentenced each man to 216 months’ imprisonment. The Seventh Circuit affirmed. While the government’s disclosure of the basis of its expert’s fingerprint testimony failed to meet the requirements of Federal Rule of Criminal Procedure 16, the error was harmless in light of overwhelming evidence of the defendants’ guilt. The court upheld admission a stipulation regarding a traffic stop of two alleged co-conspirators who drove away from police while tossing packets that resembled heroin from their car. The stipulation was relevant to the drug conspiracy case and its prejudicial effect did not outweigh its probative value. The special verdict form, properly interpreted, did not contain a jury finding that less than one kilogram was involved; the district court did not err in finding that more than one kilogram was involved. The court properly identified and articulated a reliable basis for its calculation of the drug quantity, justifying the sentencing decisions.
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