Sufficiency of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Christopher Tate

Case No.: 22-2060

Officials: Sykes, Chief Judge, and Ripple and St. Eve, Circuit Judges.

Focus: Sufficiency of Evidence

The Seventh Circuit upheld the convictions and sentences of Christopher Tate and Sandra Kellogg, who were charged with conspiracy to distribute illegal drugs and other drug-related offenses. Initially, twelve individuals faced these charges, with ten pleading guilty, while Tate and Kellogg opted for trial. Both were tried together, and the jury found them guilty on all counts. Subsequently, both defendants appealed, contesting the sufficiency of evidence for one conviction count and objecting to a sentencing guideline enhancement.

The court determined that the evidence was adequate for the convictions of both defendants. Regarding Tate, the jury could reasonably infer his joint possession of the methamphetamine discovered in his vehicle. Concerning Kellogg, even if a juror couldn’t establish a larger conspiracy linking her, Harris, Mr. Tate, and others, she failed to demonstrate prejudice arising from the alleged variance between the charged conspiracy and the one proven at trial.

Concerning sentencing enhancements, the court affirmed the district court’s application of the firearm-possession enhancement for Mr. Tate and the manager-supervisor enhancement for Ms. Kellogg. It was concluded that Tate’s total offense level would remain at the maximum under the Guidelines, with or without the enhancement. As for Kellogg, her failure to object to the enhancement in the district court resulted in waiver of the matter.

Affirmed.

Decided 04/03/24

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