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U.S. v. HARDIN

Nos. 99-1175, 99-1285, 99-1224, 99-1261.

209 F.3d 652 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Kiymiko A. HARDIN, Keith L. Robinson, Gregory Sallis, and Joell Jordan, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 30, 2000.

Attorney(s) appearing for the Case

Michelle A. Leslie (argued), Office of U.S. Attorney, Milwaukee, WI, for plaintiff-appellee in Nos. 99-1175, 99-1224, 99-1261.

Thomas P. Schneider, Office of the U.S. Attorney, Milwaukee, WI, for plantiff-appellee in No. 99-1285.

William H. Levit, Jr., Paul E. Guttormsson (argued), Godfrey & Kahn, Milwaukee, WI, for defendant-appellant Hardin.

Thomas L. Shriner, Jr., Caroline A. Hogan (argued), Foley & Lardner, Milwaukee, WI, for defendant-appellant Robinson

Jeffrey Knickmeier (argued), Stoughton, WI, for defendant-appellant Sallis.

Jeffrey Knickmeier (argued), Stoughton, WI, Dennis P. Coffey, Cook & Franke, Milwaukee, WI, for defendant-appellant Jordan.

Before POSNER, Chief Judge, and ROVNER and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

In addition to some garden-variety issues, the appeal from this multiweek, multidefendant drug trafficking trial presents an interesting question about whether a provision in the continuing criminal enterprise statute is a mere penalty enhancement or an element of the crime. On which side of the line the item falls is rather important, of course. An element of the crime must be charged in the indictment, submitted to a jury, and proved...

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