Federal 7th Circuit Court
Criminal Court
Sentencing
Defendant appealed from his convictions on multiple drug and firearms charges, claiming that the district court constructively and unconstitutionally amended his indictment by issuing generic jury instructions despite a more specific indictment, that the government withheld information that he argued would have proven the falsity of key allegations in the warrant, that the sentencing court impermissibly refused to accept an affidavit as evidence of mitigating circumstances, and that the district court erred when it considered acquitted conduct during sentencing. The Seventh Circuit affirmed, finding no error in the conviction or sentencing. (BRENNAN and LEE, concurring)