U.S. v. Love

Federal 7th Circuit Court
Criminal Court
Jury Instructions
Case Number: 
No. 11-2547
Decision Date: 
February 7, 2013
Federal District: 
N.D. Ind., Hammond Div.
Affirmed and vacated in part and remanded
In prosecution on drug distribution and conspiracy charges, Dist. Ct. did not err in failing to give jury buyer-seller instruction to emphasize to jury that charge of conspiracy requires more than buyer-seller relationship. Defendant argued theory that he was completely innocent of both drug charges, and thus buyer-seller instruction would have contradicted this theory. Dist. Ct. also properly overruled defendant’s hearsay objection to govt. witness’ testimony that third-party had asked him if he was “with Black,” i.e., defendant, during drug deal; hearsay rule did not apply since said rule applies only to out-of-court “statements” and not to instant “question.”