U.S. v. Seymour, 7th Cir. Mar. 24, 2008

05-3904 U.S. v. Seymour
Before BAUER, FLAUM, and SYKES, Circuit Judges.
BAUER, Circuit Judge. Defendants-Appellants Andre Seymour, Artrez Nyroby Seymour (“Nyroby Seymour”), Kent Clark, Andre Lawrence, Stacia Smith, and Troy Lawrence (collectively, the “Defendants”) appeal their respective sentences, claiming that their Sixth Amendment rights were violated when the district court sentenced all Defendants under 21 U.S.C. § 841(b)(1)(A) without having the jury make individualized findings regarding the quantities of drugs reasonably foreseeable to each defendant. Defendant Stacia Smith also asserts that the district court erred by not suppressing a gun found in Smith’s possession during a January 2002 traffic stop, and that the district court abused its discretion when it denied her motion for a mistrial on the gun-related charge. In addition, Smith contends that there was insufficient evidence to support her conviction on the gun-related charge. Defendant Andre Lawrence also appeals his conviction on the gun-related charge, claiming the evidence was insufficient to support his conviction. For the following reasons, we affirm. … U.S. v. Seymour.

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