Sufficiency of Testimony

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7^th Circuit Court of Appeals

Case Name: United States of America v. Lance Dillard, et al.

Case No.: 15-3343

Officials: POSNER*, RIPPLE, and SYKES, Circuit Judges.

Focus: Sufficiency of Testimony

With the assistance of a cooperating informant, law enforcement surveilled multiple heroin sales involving Lance Dillard and Gregory Chester. On the basis of the evidence obtained in that surveillance, Mr. Dillard and Chester were arrested and charged in a three‐count indictment: two counts of distribution of heroin, in violation of 21 U.S.C. § 841(b)(1)(C), and one count of conspiracy to distribute heroin, in violation of 21 U.S.C. §§ 846 and 841(a)(1). Both men were convicted on all applicable counts. Mr. Dillard then moved for judgment of acquittal and for a new trial. The district court denied the motions and sentenced him to 10 years’ imprisonment on each of the first two counts and 70 months on the third count, all to run concurrently.

Mr. Dillard now appeals. He concedes that the district court generally expressed unwillingness to allow testimony that related to his alleged membership in the Hobos, a particularly notorious gang. Nevertheless, he argues, the court allowed numerous law enforcement officials to describe their positions in terms that strongly suggested that Mr. Dillard was a member of a gang and allowed one reference to the Hobos in cross‐examination of a lay witness. He also contends that, after a single juror was exposed to inflammatory press coverage, the court’s decision to dismiss only that single juror was not sufficient remedial action.

We conclude that the district court did not err in its evidentiary rulings and that the jury was not exposed to significant prejudicial testimony. Furthermore, the district court took adequate steps to protect against any further potential juror bias. Accordingly, we affirm the judgment of the district court.

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.