United States v. Stallworth, No. 10-2058 (7th Cir. 2011)
Annotate this CaseDuring an undercover FBI investigation of corruption in the Harvey Police Department, defendant, an officer, was discovered engaging in a drug deal. He was charged with attempting knowingly or intentionally to possess, with intent to distribute, a controlled substance (21 U.S.C. 841(a) and 846) and forged a police report to make it appear as if he had been conducting an undercover investigation himself. His effort resulted in an additional charge of falsifying a police report to impede an investigation (18 U.S.C. 1519). Defendant was convicted on both counts and received a sentence of 12 years. The Seventh Circuit affirmed, first rejecting a claim of entrapment. The district court properly excluded an "indecipherable" recorded conversation submitted by defendant. There was sufficient evidence of defendant's intent to possess the drugs to support the conviction.
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