US v. Hurt, No. 08-2986
Conviction and sentence for drug crimes is affirmed where: 1) the issue of the testimony of officers as both fact and expert witnesses was waived as there was no objection to the officers testifying in both capacities during trial; 2) any error in the government's failure to disclose the names of the testifying experts was harmless as defendant knew the names of the expert officers and the subject of their intended testimony before they testified; and 3) the court did not err in sentencing defendant to the lowest end of the career offender Guidelines range as it began with the Guidelines as its benchmark and did not deviate from them after it balanced the 18 U.S.C. sec. 3553(a) factors.
Appeal from the United States District Court for the Southern District of Illinois.
Argued April 2, 2009
Decided: July 28, 2009
Before BAUER and FLAUM, Circuit Judges, and KAPALA, District Judge.
Opinion by BAUER, Circuit Judge.
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