US v. Simmons, No. 08-2400

Sentence and conviction of defendant for drug related crimes is affirmed where: 1) district court did not abuse its discretion in denying defendant's request for new appointed counsel as the court addressed his motion in a manner fully consistent with the three-part inquiry set forth in settled case law; 2) admission of video recordings of controlled buys did not violate the Confrontation Clause as they were not offered for their truth and were not testimonial; 3) evidence was adequate to support the jury's finding that defendant possessed a gun found; 4) video was not ambiguous in showing that the person captured on video distributing heroin was defendant; 5) district court did not commit clear error in finding that cash found in a house was the product of heroin sales when applying an enhancement; and 6) the sentence imposed was reasonable. 

Read US v. Simmons, No. 08-2400

Appeals from the United States District Court for the Northern District of Indiana, Hammond Division.

Argued January 13, 2009
Decided September 18, 2009

Judges

Before Bauer, Posner, and Rovner,  Circuit Judges

Opinion by Rovner, Circuit Judge