FRE 902(11). Boilerplate Rules for Admission of Certified Business Records
The government charged defendant James Green with four counts of wire fraud. His cousin, co-defendant Joseph Green, recruited Green to purchase properties in exchange for cash. Throughout the trial, Green argued that he was a victim of the fraudulent scheme, left holding the...
Deceptive Investigative Techniques Jury Instruction Approved
Mr. McKnight was charged with one count of conspiracy to distribute a controlled substance, 21 U.S.C. § 846, and two counts of using a communication facility (a telephone) to distribute a controlled substance, 21 U.S.C. § 843(b). Mr....
Restitution in Title 26 Tax Cases is Allowed Only as Condition of Probation or Supervised Release
Orvil Duane Hassebrock was convicted by a jury of tax evasion, a felony offense under 26 U.S.C. § 7201, and failure to file a tax return for the 2004 tax year, a misdemeanor offense under 26 U.S.C. § 7203.
Entrapment: IMPORTANT! Court Must Consider Defendant’s Predisposition Before Government Inducement
A law enforcement operation that began with the promising interdiction of 943 kilograms of marijuana, shipped from Jalisco, Mexico, ended less than admirably.
When government agents executed a “controlled delivery” to an...
Traffic Stop Search and Interrogation: Boilerplate Analysis
On November 12, 2009, Jake Richardson III was charged with possession with intent to distribute more than five grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). Before trial, Richardson moved to suppress the narcotics and currency...
USSG 1B1.3 Relevant Conduct Explained
Between November 2003 and at least August 2006, more than two thousand fell victim to the internet fraud scheme in which Salem and Ganescu participated with others. Individuals outside the United States, often based in Romania (the “foreign co-schemers”),...
USSG 2C1.1 Sensitive Position Enhancement Explained
Walter Hill, in his capacity as deputy liquor commissioner for East St. Louis, Illinois, exerted his position and authority to demand bribes, property, and, in at least one instance, sexual favors from liquor license holders.
Extradition: Order Denying Extradition From Foreign Tribunal Is NOT a Basis for Motion to Dismiss Indictment in U.S.
This appeal requires us to consider the collateral estoppel effect, if any, of findings made by foreign courts in extradition proceedings.
Back in May 1998 defendant Kashamu was one of fourteen persons charged in an indictment...
Brady Material: The Difference Between Patent and Latent Exculpatory Evidence Explained
A jury convicted Wynell Gray of Medicaid fraud, 18 U.S.C. § 1347, and conspiracy to defraud the U.S. government and the judge sentenced her to 33 months in prison and ordered her to pay restitution of $846,115 to Indiana...
Bruton and Redactions of Co-defendant Statements at Trial: Boilerplate Rules
(*Editor's Note. Attorney Michael J. Petro represented Braziel at trial and on appeal.)
Alonzo Braziel first became involved in the scheme in 2004 as a buyer applying for mortgage loans at the direction of others. The indictment charged that Braziel...