(DOWNLOAD) "United States v. Gardner" by Seventh Circuit U.S. Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: United States v. Gardner
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 26, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Argued October 24, 2000 Robert Gardner and a co-defendant were charged with conspiracy to maintain a crack house, in violation of 21 U.S.C. sec. 846; with maintaining a crack house, in violation of 21 U.S.C. sec. 856(a)(1); and with possession with intent to distribute cocaine, in violation of 21 U.S.C. sec. 841(a)(1). At trial, Gardner was found guilty on the first count and not guilty on the third; the second count was dismissed during the trial. At sentencing, Gardner was found responsible for 120 grams of crack cocaine, resulting in an offense level of 32. His level was enhanced by 2, under sec. 3C1.1, for trial testimony which the court found was perjurious. This netted him a sentencing range of 151 to 188 months, and he received 151 months. Gardner appeals both his sentence and his conviction. He contends that the trial judge abused his discretion in excluding the testimony of a co-defendant's attorney, that the evidence was not sufficient to sustain his conviction, and that the judge erred in enhancing his offense level for false testimony during the trial.
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