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U.S. v. STOTTS

No. 02-1937.

323 F.3d 520 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy R. STOTTS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 20, 2003.

Rehearing Denied May 14, 2003.

Attorney(s) appearing for the Case

Michelle L. Jacobs (argued), Office of U.S. Atty., Milwaukee, WI, for Plaintiff-Appellee.

Warren C. Haskin (argued), Bell, Boyd & Lloyd, Chicago, IL, for Defendant-Appellant.

Before EASTERBROOK, RIPPLE, and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

At his trial on charges of possessing cocaine base, or "crack," with intent to distribute and conspiracy to do the same, Timothy Stotts proposed the following instruction to assist the jury in determining whether he committed the crime of conspiracy:

As a matter of law, membership in a conspiracy depends on the accused's own acts and words. Co-conspirator statements determined to be admissible by the trial judge may be...

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