Details later ...
Taco Bell Corp v. Continental Casualty (ND Ill.)
Cigan, Corrine v. Chippewa Falls School District (WD Wis.)
Butts, Celestine v. Aurora Health Care (ED Wis.)
Matz, Robert v. Household Int'l Tax (ND Ill.)
USA v. Rogers, Theodore D. (ND Ind., James T. Moody, Judge)
Before CUDAHY, RIPPLE and WOOD, Circuit Judges.Posted by Marcia Oddi at November 5, 2004 03:17 PM
RIPPLE, Circuit Judge. Pursuant to a plea agreement,
Theodore Rogers pleaded guilty to one count of possession
with intent to distribute cocaine in violation of 21 U.S.C.
§ 841(a)(1). The plea agreement required him to testify at the
trial of Winfred Owens. He later filed a motion to withdraw
his guilty plea; the district court denied the motion. He now
appeals that decision.Mr. Rogers did testify at Mr. Owens’ trial, and based in
part on his testimony, Winfred Owens was convicted of
multiple drug trafficking offenses in violation of 21 U.S.C.
§§ 841(a)(1) and 843(b), and of 18 U.S.C. § 1952. He appeals
his conviction.For the reasons set forth in the following opinion, we affirm
the district court’s denial of Mr. Rogers’ motion to withdraw
his plea, and we reverse the judgment of the district
court with respect to Mr. Owens’ conviction and remand the
case for further proceedings. * * *Conclusion. For the foregoing reasons, we affirm the district court’s
denial of Mr. Rogers’ motion to withdraw his guilty plea.
With respect to Mr. Owens, we hold that there was sufficient
evidence to support his convictions, but we reverse on
all three counts because the in-court identification of Mr.
Rogers improperly was admitted into evidence. Mr. Owens’
case is remanded to the district court for further proceedings.
AFFIRMED in part; REVERSED and REMANDED in part.