Sufficiency of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Donald S. Harden

Case No.: 17-1270

Officials: FLAUM, SYKES, and HAMILTON, Circuit Judges

Focus: Sufficiency of Evidence

A jury convicted defendant‐appellant Donald S. Harden of conspiring to distribute heroin, the use of which resulted in the death of Fred Schnettler. Harden was sentenced to life in prison under 21 U.S.C. § 841(b)(1)(B). That provision imposes sentencing enhancements if the defendant commits a drug offense and “death or serious bodily injury results from the use of such substance.” On appeal, Harden argues that the prosecution failed to present sufficient evidence to establish beyond a reasonable doubt that his heroin caused Schnettler’s death. Relatedly, Harden contends that the district court failed to adequately instruct the jury on causation. Harden also claims that the district court erred by excluding testimony about an alternative heroin source and denying his motion for a mistrial after inadmissible evidence entered the jury room. Finally, Harden maintains that the prosecution misstated evidence during closing argument. For the reasons below, we affirm.

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.