United States v. Bozovich, No. 14-1435 (7th Cir. 2015)
Annotate this CaseBozovich was convicted of conspiracy to distribute heroin. He argued that he was entitled to a new trial on the theory because the court the government to cross-examine him beyond the scope of his direct testimony and that his 235-month prison sentence was based on an erroneous drug quantity finding. The cross-examination concerned his statement to DEA agents about who supplied him and his associates with heroin. Bozovich had claimed to be an addict, but not a conspirator in distribution. The Seventh Circuit affirmed both the conviction and the sentence. Determining the “subject matter” of the direct examination is not an exact science; under Rule 611(b) the district judge could reasonably treat alleged admissions to buying heroin from several suppliers, buying heroin in quantities much larger than $100 a day, and brokering drug deals among his associates, as “matters reasonably related to the subject matter of direct examination.” The district judge made a clear credibility finding and otherwise carefully scrutinized the drug quantity evidence.
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