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US v. Nicksion, 09-3732

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By FindLaw Staff on December 09, 2010 3:20 PM

Convictions for drug trafficking and firearm offenses

US v. Nicksion, 09-3732, concerned defendants' challenges to their convictions for drug trafficking conspiracy to procure large quantities of crack, cocaine, and marijuana from Chicago sources for distribution in Milwaukee, and various firearm offenses.

In affirming the convictions, the court rejected a defendant's claim that his confrontation clause rights were violated at trial when the district judge admitted out-of-court statements implicating him in a homicide, which was used to prove the firearm offense under section 924 , as the statements were made in furtherance of the conspiracy.  The court also rejected the co-defendant's claim that his pretrial motion to suppress evidence seized from his car during a traffic stop was improperly denied as the stop and the arrest was justified.  Also, the co-defendant's claim that the district judge improperly denied his request for a pretrial proffer or hearing regarding the admissibility of alleged co-conspirator statements is rejected as, the statements would have been admissible against him had he not pled guilty.  Lastly, the court rejected the co-defendant's remaining challenges to his sentence.

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