United States v. Simmons, No. 16-2375 (7th Cir. 2017)Annotate this Case
Willis and Simmons were convicted of conspiracy to distribute 100 grams or more of heroin and sentenced to 235 months’ and 108 months’ imprisonment, respectively. They appealed, claiming there was an impermissible variance from the indictment and that the jury pool failed to include a fair cross‐section of their community because only one of the 48 members of the venire was black. Simmons also challenged a jury instruction related to the amount of heroin involved in her offense and argued that the court erred in enhancing her sentencing offense level for possession of a gun during the commission of a drug offense. The Seventh Circuit affirmed. The defendants cannot show that the underrepresentation of blacks in the jury pool was due to a systematic exclusion of that group. The indictment adequately alleged conspiracy. The evidence that Simmons conspired with Willis to sell 100 grams or more of heroin was overwhelming. The evidence sufficiently established that Simmons constructively possessed the gun given that it was in the closet of the bedroom she shared with Willis and near drugs and drug paraphernalia.