United States v. McClure, No. 21-2689 (7th Cir. 2023)
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An investigation of an Indianapolis drug trafficking organization led by Trice led to the indictments of Trice and many of his associates, including McClure and Payne. Officers intercepted a call between McClure and Trice during which they spoke in coded language suggestive of a drug deal. Officers later observed the two men meeting with Trice and pursued Payne in a high-speed chase during which he threw a sock containing 214.2 grams of methamphetamine out of his car window. Payne and McClure later discussed these events in detail on a recorded jail call.
Both were convicted of purchasing 50 grams or more of methamphetamine from Trice for distribution, 21 U.S.C. 846, 841(a)(1), 841(b)(1)(A)(viii). The Seventh Circuit affirmed, rejecting "Batson" arguments that the government impermissibly struck a Black potential juror and that the government’s explanation, that the potential juror had a brother with a drug dealing conviction, was pretext because some white jurors who were not stricken also had relatives who had been involved with drugs. The court upheld the district court’s decision to permit Detective Hart to offer both expert and lay opinions at trial, rejecting an argument that the court failed to adequately instruct the jury as to his dual-role testimony. The evidence supporting their convictions was legally sufficient.
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