United States v. Freeman, No. 15-1170 (7th Cir. 2016)
Annotate this CaseThe district court vacated defendant and his codefendants' convictions on the conspiracy charged in Count 1 of the indictment after the district court learned that the government had knowingly used false testimony at trial. Defendants were convicted on various counts stemming from their participation in a Chicago drug conspiracy. The district court left intact defendants’ convictions on a number of other counts that incorporated the conspiracy charged in Count 1 as a necessary element. In United States v. Wilbourn, the court held that the dismissal of the conspiracy count did not, by itself, necessitate dismissing the remaining counts encompassing the conspiracy. In this case, the district court's decision to vacate defendant's conspiracy conviction was primarily ordered toward redressing prosecutorial misconduct, rather than clearing a verdict obtained by false testimony. Accordingly, the court affirmed the district court’s denial of defendant’s motion for a new trial (or acquittal) on the gun and phone counts. In regard to defendant's challenges to his sentence, the court affirmed the district court's drug-quantity findings, as well as its refusal to grant an evidentiary hearing at sentencing. The court affirmed the sentence.
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