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United States v. Taylor

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ARGUED JANUARY 12, 2010

Before POSNER, FLAUM and WILLIAMS, Circuit Judges.

On May 24, 2006, defendant-appellant, Melvin Taylor, was indicted, along with Marlyn Barnes, Michael Alexander, Theodis Armstead, Herbert Hightower, and Vernell Brown, for conspiracy to possess with intent to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. § 846. Taylor was also indicted for carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c). After proceeding to trial on April 15, 2008, a jury found Taylor guilty of both counts. Several months later, Taylor filed a motion for a new trial based on newly discovered evidence. The district court denied the motion. At Taylor’s sentencing hearing, the district court found that the conspiracy involved forty kilograms of cocaine, which resulted in a sentence of 188 months on the conspiracy count. Taylor appeals his conviction, the district court’s denial of his motion for a new trial, and his sentence. For the reasons set forth below, we affirm Taylor’s conviction and the district court’s denial of a new trial. However, because of an error in the district court’s determination of the amount of cocaine attributable to the conspiracy, we vacate the sentence and remand for re-sentencing.

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