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Plain Error

By: Derek Hawkins//October 29, 2015//

Plain Error

By: Derek Hawkins//October 29, 2015//

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Criminal

7th Circuit Court of Appeals

Officials: BAUER, KANNE, and WILLIAMS, Circuit Judges.

Plain Error

No. 14-2515 United States v. Frederick Addison

Overwhelming evidence overcomes argument that court made plain error in identifying appellant.

“Applying these principles, we find no plain error in Addison’s case. As an initial matter, we note that the district court properly instructed the jury regarding Addison’s presumption of innocence and the government’s burden to prove his guilt beyond a reasonable doubt. While there is a possibility that the jury considered the gun and neighborhood testimony in its decision to convict, the fact remains that the evidence against Addison was overwhelming. Agents personally witnessed him selling drugs and caught the transactions and other incriminating behavior on video. One of his own buyers (James Robinson) testified against him. A plain error “affects substantial rights” under Rule 52(b) only if it affected the outcome of the trial proceedings. See United States v. Baker, 655 F.3d 677, 681 (7th Cir. 2011). The challenged testimony here did not—Addison would have been convicted even without it. For the same reason, leaving his conviction in place will cause no miscarriage of justice. See United States v. Patterson, 241 F.3d 912, 913 (7th Cir. 2001) (“[W]hen the evidence of guilt is overwhelming a miscarriage of justice is very hard to demonstrate.”).”

Affirmed.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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