United States v. Berg, No. 12-2118 (7th Cir. 2013)
Annotate this CaseBerg ran a cross-border smuggling scheme that traded American arms for Canadian cannabis. He supplied several bags of cocaine to a dealer who unwittingly resold them to a government agent. Berg confessed to both sets of crimes, hoping that his cooperation would win him leniency. Instead, the government took Berg to trial, and a jury convicted him. The Seventh Circuit affirmed, rejecting arguments that his two sets of crimes were improperly tried in one case and that he was denied an opportunity to call an exculpatory witness. His attorney made a strategic choice not to call the witness. The evidence against Berg was overwhelming; he was not prejudiced by his attorney’s decisions at trial. He could not show that his counsel was ineffective for failing to move for severance.
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