United States v. Heron, No. 11-3471 (7th Cir. 2013)
Annotate this CaseHeron and his friend, Hamilton, worked as truck drivers. Hamilton invited Heron to accompany him on a trip, involving delivering furniture to San Diego, then picking up marijuana for delivery on their way east. They picked up a legitimate load in Las Vegas and returned to Phoenix, where a crew loaded marijuana. Heron was present, but did not personally load the boxes. The sleeper berth was packed with bags of marijuana and cocaine, so that the two took turns sleeping in the passenger seat in violation of 49 C.F.R. 395.1(g) (2). The DEA tracked the truck; a buyer in East St. Louis was actually a confidential informant. Local police stopped the truck after it made a turn without signaling. Hamilton was driving and consented to a K-9 search of the exterior. The dog alerted, leading to discovery of the drugs. Heron was convicted of possession with intent to distribute 100 kilograms or more of a substance containing marijuana and a substance containing cocaine 21 U.S.C. 841(a). The court imposed concurrent sentences of 108 months and 120 months. The Seventh Circuit affirmed, rejecting arguments that the prosecution used a peremptory strike to remove a juror on the basis of religious commitment in violation of the Equal Protection Clause and that the court abused its discretion in admitting testimony that Hamilton identified Heron as his “co-driver” during the traffic stop.
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