15-3228 United States of America v. Colt V. Lynn

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7^th Circuit Court of Appeals

Case Name: United States of America v. Colt V. Lynn

Case No.: 15-3228

Officials: RIPPLE, KANNE, and ROVNER, Circuit Judges.

Colt Lynn was convicted of one count of conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 846 and 18 U.S.C. § 2; and one count of conspiracy to possess pseudoephedrine, in violation of 21 U.S.C. §§ 841(c)(2), 846 and 18 U.S.C. § 2. The court imposed a below‐guidelines sentence of 192 months’ imprisonment. Mr. Lynn contends that the district court erred in admit‐ ting two kinds of evidence at trial: (1) National Precursor Ex‐ change System (“NPLEX”) logs concerning pharmacy pur‐ chases of products containing pseudoephedrine, an ingredi‐ ent in methamphetamine; and (2) a video of a chemist demon‐ strating a particular method for producing methampheta‐ mine, known as “shake‐and‐bake.” Mr. Lynn also contends that he should not have been sentenced as a career offender because his two predicate offenses for aggravated battery do not qualify as violent felonies. We affirm. The district court did not err in allowing the introduction of the NPLEX logs because those records are nontestimonial. Similarly, although the “shake‐and‐bake” video showed a different, and perhaps more sophisticated, means of production, the video’s presentation did not preju‐ dice Mr. Lynn. Finally, the district court properly applied the career offender enhancement because Mr. Lynn’s prior Illi‐ nois aggravated battery convictions were crimes of violence under U.S.S.G. § 4B1.2(a)(1).

Affirmed

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