Sentencing Guidelines-Criminal Procedure

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Eric Bard

Case No.: 21-1521

Officials: Rovner, St. Eve, and Kirsch, Circuit Judge.

Focus: Sentencing Guidelines-Criminal Procedure

In early 2018, law enforcement began investigating an Indianapolis drug trafficking organization led by Jshaun Trice. The investigation led to the indictments of Trice and over twenty of his associates for crimes including drug conspiracy, possession, and distribution. Antonio McClure and Carlo Payne, two of Trice’s associates, were arrested following a drug surveillance operation on October 21, 2018. Law enforcement intercepted a phone call between McClure and Trice during which they spoke in coded language suggestive of a drug deal. Officers later observed McClure and Payne meet with Trice and pursued Payne in a high-speed chase during which he threw a sock containing 214.2 grams of methamphetamine out of his car window. Payne and McClure later discussed these events in detail on a recorded jail call. Both were charged as part of the drug conspiracy and with purchasing 50 grams or more of methamphetamine from Trice for the purpose of distribution, in violation of 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A)(viii). The government eventually dropped the conspiracy charge as to McClure and Payne. Both defendants went to trial on the remaining count and were convicted of possession of methamphetamine with intent to distribute.

McClure and Payne raise three categories of arguments on appeal. First, they argue that the government impermissibly struck a Black potential juror in violation of Batson v. Kentucky, 476 U.S. 79 (1986). Second, they argue that the district court erred in permitting Detective Jason Hart to offer both expert and lay opinions at trial, and that the court failed to adequately instruct the jury. Third, they contend that the evidence supporting their convictions was legally insufficient. Finding no error, the Seventh Circuit affirms their convictions

This appeal also involves a third Trice associate, Eric Bard, who pleaded guilty to distribution of 50 grams or more of methamphetamine. See 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii). The district judge sentenced him to 262 months, the very bottom of his Sentencing Guidelines range. Bard argues on appeal that his sentence is substantively unreasonable. The Seventh Circuit disagrees, and affirms his sentence.

Affirmed.

Decided 07/10/23

Full Text