United States v. Garvey, No. 11-2201 (7th Cir. 2012)
Annotate this CaseGarvey was convicted of four counts of distributing methamphetamine. The evidence at trial included testimony from a crime lab analyst, Nied, who testified that four plastic bags recovered from controlled buys at Garvey’s apartment contained methamphetamine. Nied was not the analyst who actually conducted lab tests on the white substance found in the bags—that analyst had left to take another job, and was not called as a witness. Nied was a supervisor at the same lab and had peer reviewed the analyst’s work. Garvey did not object to Nied’s testimony at trial. The Seventh Circuit affirmed, rejecting Garvey’s argument under the Confrontation Clause of the Sixth Amendment. Garvey did not demonstrate that any alleged error affected his substantial rights.
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