Monday, December 03, 2012

Seventh Circuit -- USA v. Jwuan Moreland

Excusing jurors with business commitments doesn't offend 6A or statute.

No error in excusing jurors before deft entered proceedings.

Appropriate instruction cured potential confusion when witness was both lay and expert.

Selling drugs wholesale to a retailer is not per se evidence of conspiracy, as the transaction is arm's length.  But when the supplier extends credit to the retailer with the express understanding that they be sold, jury can properly find conspiracy.

Admission of cash found in patdown after auto stop in for inevitable discovery , as there were drug scales in the (stolen) car. 

Addiction doesn't justify downward reduction in sentence -- rather, court should lengthen post-conviction monitoring.  This applies to life sentences as well.

Harmless error in court's accidental announcement of deft's prior convictions.

Deft telling sister to hide gun in dropped ceiling = possession.

Court properly granted minor, not minimal participant sentencing adjustment.






USA v. Jwuan Moreland
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.