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Sufficiency of Evidence

By: Derek Hawkins//November 21, 2021//

Sufficiency of Evidence

By: Derek Hawkins//November 21, 2021//

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7th Circuit Court of Appeals

Case Name: United States of America v. Gilberto Vizcarra-Millan, et al.,

Case No.: 19-3476; 19-3481; 19-3484; 19-3537; 20-1113; 20-1266

Officials: FLAUM, HAMILTON, and BRENNAN, Circuit Judges.

Focus: Sufficiency of Evidence

Richard Grundy III and his network of drug suppliers, couriers, distributors, and dealers trafficked hundreds of pounds of methamphetamine in Indianapolis. Grundy and over two dozen co-conspirators were indicted. Most ultimately pled guilty. After a three-week trial, Grundy and four other defendants were convicted of all the charges against them. In these consolidated appeals, the five trial defendants and one defendant who pled guilty challenge their convictions. There are no sentencing issues.

Grundy argues that the district court violated his Sixth Amendment right to counsel by improperly obstructing him from representing himself. Gilberto Vizcarra-Millan argues that the district court should have disqualified his chosen counsel due to a conflict of interest. Derek Atwater, James Beasley, and Undrae Moseby all challenge the denials of their untimely motions to suppress evidence. Atwater, Beasley, and Ezell Neville all contend that the evidence was insufficient to support some of their convictions.

We affirm the convictions of Grundy, Vizcarra-Millan, Moseby, Atwater, and Neville. We also affirm the conviction of Beasley on one count but reverse his convictions on two others. The evidence at trial necessarily left a reasonable doubt as to whether he committed those crimes. Beasley’s case is remanded to the district court for resentencing on the one remaining count.

The convictions of Richard Grundy III, Derek Atwater, Undrae Moseby, Gilberto Vizcarra-Millan, and Ezell Neville are AFFIRMED. James Beasley’s conviction on Count 16 is AFFIRMED, but his convictions for Counts 1 and 17 are REVERSED. Beasley’s case is REMANDED for resentencing on Count 16.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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