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U.S. v. GAYTAN

No. 09-3601.

649 F.3d 573 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth GAYTAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 2011.

Attorney(s) appearing for the Case

Maureen E. Merin , (argued). Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Jacob W. Nelson , (argued), Thomas L. Shriner, Jr. , Attorneys, Foley & Lardner LLP, Milwaukee, WI, for Defendant-Appellant.

Before BAUER, WOOD, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

Kenneth Gaytan was indicted for distribution of crack cocaine based on two controlled buys arranged by the Federal Bureau of Investigation in which Gaytan sold substantial quantities of crack to a confidential informant named James Worthen. The FBI captured the negotiations and both transactions on audio recordings. Agents also conducted visual and video surveillance of the controlled buys, but because of gaps in this surveillance, they did not...

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