United States v. Garvey, No. 11-3088 (7th Cir. 2012)
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Garvey and four coconspirators engaged in a scheme to steal lawnmowers, tractors, trucks, ATVs, snowmobiles, and trailers along the Minnesota-Wisconsin border and then transport and sell the stolen items. Thomas and Olson were responsible for stealing the items; Wyttenbach and Trejo assisted in storing and selling. At various times, Garvey was involved in all aspects of the scheme. Garvey was charged with conspiring to transport, possess, sell, and dispose of stolen vehicles and goods in interstate commerce, 18 U.S.C. 2, 371, and eight counts of theft, transportation, or sale of specific stolen vehicles or goods in interstate commerce, 18 U.S.C. 2312-15. All four co-conspirators pled guilty and testified against Garvey. Over the course of the four-day trial, the government called 31 witnesses and presented phone records which demonstrated frequent interaction among Garvey, co-conspirators, and buyers. The jury convicted Garvey on six of the nine counts. Garvey was sentenced to 60 months. The Seventh Circuit affirmed, rejecting arguments that misstatement of the court’s subpoena power prevented Garvey from calling a witness to impeach one of the co-conspirators and that a mistrial should have been declared after the prosecutor’s questioning prompted a witness to declare that he smoked marijuana with Garvey.
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