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U.S. v. IRBY

No. 08-1307.

558 F.3d 651 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. DeMarco IRBY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 2009.

Attorney(s) appearing for the Case

K. Tate Chambers, Attorney, Office of the United States Attorney, Peoria, IL, Joseph H. Hartzler, Attorney (argued), Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee.

Marcia F. Straub, Attorney (argued), Peoria, IL, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and MANION and WOOD, Circuit Judges.

MANION, Circuit Judge.

DeMarco Irby was indicted for possessing with intent to distribute more than five grams of crack in violation of 21 U.S.C. § 841(a)(1). After a two-day trial, a jury found Irby guilty of that offense. Irby appeals his conviction, challenging the sufficiency of the evidence and the admission of several out-of-court statements made by a confidential informant ("CI"). We affirm.

I.

In its opening statement, the government...

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