Seventh Circuit -- USA v. USA v. Nora Penaloza

USA v. Nora Penaloza

No abuse of discretion in admitting extensive background evidence of investigation, despite court's prior denial of gov't's allegations of conspiracy in a Santiago proffer.

Post-transaction statements by deft in as background since not introduced for the truth of the matter asserted.

No constructive amendment of the indictment during trial to establish a conspiracy charge.

Witness' being there when deft confessed is sufficient foundation for their testimony.