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U.S. v. NITCH

Nos. 05-2603, 05-2604.

477 F.3d 933 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas L. NITCH and Curtis Patterson, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 21, 2007.

Attorney(s) appearing for the Case

Thomas Edward Leggans (argued), Office of the United States Attorney, Benton, IL, for Plaintiff-Appellee.

Mark D. Stuaan (argued), Barnes & Thornburg, Indianapolis, IN, John R. Abell (argued), Troy, IL, for Defendants-Appellants.

Before KANNE, WOOD, and SYKES, Circuit Judges.

WOOD, Circuit Judge.

Douglas Nitch and Curtis Patterson were convicted by a jury of conspiracy to manufacture with intent to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846 and 18 U.S.C. § 2. Nitch was sentenced to a term of 168 months in prison, and Patterson was sentenced to 120 months. Nitch appeals both his conviction and his sentence, claiming that there was an impermissible variance between the single...

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