United States v. Wright, No. 22-2922 (7th Cir. 2023)
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Pfister and Evans dealt methamphetamine in Illinois. In 2016, they traveled to Colorado approximately 20 times to buy meth from Wright. After Evans sold several ounces to Heavener, officers searched Heavener’s home and recovered over 50 grams of meth. Heavener knew that Evans got the meth from “Monica” in Colorado.
Wright was charged with intent to distribute at least 50 grams of meth and at least 500 grams of a mixture containing meth. She retained Garfinkel. In its opening statement, the government previewed testimony from Evans, Pfister, Heavener, and Deherrera, a Colorado-based middleman. Garfinkle also foreshadowed testimony from Deherrera, referring to him as the government’s witness. During trial, the government alerted the court that Deherrera had stated that Garfinkel had encouraged him to change his testimony. The government referenced Deherrera’s potentially exculpatory testimony but stated that it no longer planned to call him as a witness, noting that if Wright called Deherrera and he testified to being pressured to change his testimony, Garfinkel would have to take the stand to impeach him. Garfinkel denied Deherrera’s allegations. The court questioned Wright, who confirmed she agreed with Garfinkel’s strategy to not call Deherrera, understanding the possibility that Garfinkel was personally motivated. Deherrera did not testify. In closing arguments, Garfinkel described Deherrera’s absence as the missing link—a burden the government had to overcome to convict Wright. Wright was convicted and sentenced to 264 months. The Seventh Circuit affirmed, finding no conflict of interest and sufficient evidence of conspiracy.
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