00-1967 U.S. v. Martinez

By: dmc-admin//July 16, 2001//

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“The testimony of Gladney, Martinez’s main supplier of crack (but not his only source as testimony indicated at trial), places Martinez in possession of a minimum of 30 ounces (850.5 grams) of crack. In addition, there were numerous witnesses who testified to having seen Martinez with varying amounts of crack. Given the duration and scope of Martinez’s organization, the evidence was overwhelming that the amount of crack was far beyond 50 grams… No reasonable jury could conclude that the conspiracy involved under 50 grams of crack. Therefore, because the evidence was more than sufficient to show an amount of crack which would allow for a life sentence, the error did not seriously affect the public integrity, fairness, or reputation of these proceedings, and we will not upset the verdict on plain error review.”

Affirmed.

Appeal from the United States District Court for the Southern District of Illinois, Murphy, J., Harlington Wood, J.

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