US v. Lane, No. 09-1057
Conviction of defendant for conspiracy to distribute crack cocaine and related crimes is affirmed where: 1) district court did not commit plain error in admitting officer testimony regarding firsthand knowledge; 2) there was more than enough evidence for the jury to find defendant guilty of possession with intent to distribute; 3) it was improper for a witness to mention defendant's criminal history, but the district judge exercised proper discretion in not sua sponte declaring a mistrial; and 4) defendant's argument that the district court miscalculated the applicable drug weight and subsequent guidelines offense level is irrelevant as the district court did not use the guidelines to arrive at the sentence but relied on credible testimony and government evidence.
Appeal from the United States District Court for the Central District of Illinois
Decided January 12, 2010
Before: Evan and Sykes, Circuit Judges, and Der-Yeghuayan, District Judge
Opinion by Circuit Judge Evans
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