United States v. Maxwell, No. 12-1809 (7th Cir. 2013)
Annotate this CaseMaxwell was arrested after selling 2.9 grams of crack cocaine, 2.8 grams of powder cocaine, and five ecstasy pills to a confidential informant. The arresting officer searched Maxwell and found two straws and a bag hidden in his underwear. The bag contained an off-white substance, which the officer weighed, “field-tested,” and concluded was crack cocaine. The Wisconsin State Crime Laboratory analyst who originally tested the substance seized from Maxwell retired before trial, so the prosecution offered the testimony of his co-worker, who did not personally analyze the substance, but concluded that it contained crack cocaine after reviewing data generated by the original analyst. Maxwell did not object to this testimony and was convicted of possessing with intent to distribute five or more grams of a mixture or substance containing cocaine base, 21 U.S.C. 841(a)(1). The Seventh Circuit rejected an argument based on the Confrontation Clause of the Sixth Amendment. Maxwell failed to show plain error, given that the testimony was subject to cross-examination at trial. The court issued a limited remand for consideration under the Fair Sentencing Act of 2010.
The court issued a subsequent related opinion or order on August 15, 2013.
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