USSG 3C1.1 Obstruction of Justice Enhancement Applies to Latin King Member That Fled in Fear of His Life
Erick Martinez was affiliated with the Latin Kings street gang throughout an extended period of his youth. During his time with the gang, Martinez sold crack cocaine in the Humboldt Park area of Chicago, activity that led to an arrest...
42 USC 1320a-7b Medicare Fraud: “Primary Motivation” Doctrine Rejected
USA v. Roland Borrasi, 09-4088.
Roland Borrasi, a medical doctor, was convicted of Medicare fraud after he accepted a salary from a hospital in exchange for continually referring patients to the facility, a violation of 42 U.S.C. § 1320a-7b. In this appeal, Borrasi attacks both his conviction and his...
Failure to Grant Defendant Trial Continuance for Counsel of Choice is Structural Error Requiring Reversal
United States v. Sidney O. Sellers, 09-2516.
Upon arrest for possession of a handgun without the requisite license, an inventory search of Sellers’s car revealed several bags containing crack cocaine. Sellers was charged with and convicted by a jury of possession with intent to sell crack cocaine and possession of a...
18 USC 3553(a): Conditions of Presentencing Confinement Are Not Considered as a Mitigating Factor
UNITED STATES of America, Plaintiff-Appellee, v. Richard TURNER, Defendant-Appellant.
No. 08-2413.
Richard Turner was a drug dealer operating in Chicago Heights, Illinois. He engaged in two drug sales in 2004 that formed the basis of his subsequent indictment, conviction, and sentence.
The first...
Supervised Release Violation: District Court Must Consider USSG Range and 3553 (a) Factors at Sentencing
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JAMES W. SNYDER, Defendant-Appellant.
No. 09-3748.
Decided March 18, 2011.
WILLIAMS, Circuit Judge.
James W. Snyder was sentenced to eight years’ reimprisonment upon revocation of his supervised release.
When the district...
Batson Reversal: Prosecutor’s Stated Reason for Removing African-American Juror Is Found to be a Pretext for Discrimination
UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
STYLES TAYLOR and KEON THOMAS, Defendants-Appellants. Nos. 05-2007, 05-2008, 09-1291
This case returns to us again on the issue of the prosecutor’s use of a peremptory strike against an African-American member of the jury pool. Styles Taylor and Keon Thomas, both African-American, were convicted of...
USSG 3B1.3 Abuse of Trust. Mortgage Broker’s Relationship With Lender Does Not Qualify
UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
MITCHEL A. FUCHS, Defendant-Appellant.
No. 09-1611.
Mitchel Fuchs brokered subprime mortgages by enticing lenders with falsified loan applications and phony documentation. He was convicted after a jury trial of mail and wire fraud. See 18 U.S.C. §§ 1341, 1343.
FRE 404 (b). Improper Use of Defendant’s Prior Unrelated Drug Convictions Leads to Reversal
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. BILLY L. HICKS, Defendant-Appellant.
No. 09-3608.
A jury found Billy Hicks guilty of one count of knowingly distributing cocaine base, in violation of 21 U.S.C. § 841(a)(1). However, because we find that the district court improperly allowed evidence of Hicks’s...
Police Officers Failure to Follow Miranda Rules Leads to Suppression of Statement
UNITED STATES OF AMERICA v. THOMAS L. SWANSON
No. 10-2178, U.S. Court of Appeals, 7th Cir. (2011)
In 2009, an arrest warrant was issued for Thomas Swanson. It was based on his 2008 possession of a firearm without a valid Firearm Owner's Identification card, which is a violation...
Fair Sentencing Act – Relevant Date for Determination of Retroactivity is the Date of the Underlying Criminal Conduct, Not the Date of Sentencing
USA v. Anthony Fisher, 10-2352. USA v. Edward Dorsey, Sr., 10-3124.
The Fair Sentencing Act of 2010 (FSA) might benefit from a slight name change: The Not Quite as Fair as it could be Sentencing Act of 2010 (NQFSA) would be a bit more descriptive. But whether the FSA...