U.S. v. BERRY

No. 95-3481.

92 F.3d 597 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Walter BERRY, Jr., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 1996.


Attorney(s) appearing for the Case

Thomas Edward Leggans (argued), Office of U.S. Atty., Criminal Div., Fairview Heights, IL, for plaintiff-appellant.

Patricia Littleton (argued), Carbondale, IL, for defendant-appellee.

Before EASTERBROOK, KANNE, and DIANE P. WOOD, Circuit Judges.


KANNE, Circuit Judge.

The government indicted Walter Berry, Jr., on two counts of unlawful delivery of crack cocaine. The only difference between the quantum of evidence against Berry under the first and second counts was a tape recording of a conversation that allegedly took place between Berry and Eddie Brown, a government informant, and that purported to implicate Berry in the illegal activity that was the subject of count two.

Over Berry's objection, the...

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