District court’s sentencing and conviction of defendants for conspiracy with intent to distribute drugs is affirmed where: 1) defendants’ argument, that the district court failed to instruct the jury regarding freebase cocaine and that 21 U.S.C. section 841 is void for vagueness, is rejected as there is no language in the statute setting a minimum purity level in order for a substance to be considered crack cocaine; and 2) defendants’ remaining claims that they were denied a fair trial are without merit. 

Read US v. Plummer, No. 07-4032

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.Argued December 10, 2008Decided September 4, 2009

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