USSG 2L1.2. Probation Violation After Depotation Not Counted
UNITED STATES OF AMERICA v. CRUZ LOPEZ, No. 10-1470.
This appeal presents an issue of law concerning the application of section 2L1.2 of the Sentencing Guidelines to an alien's illegal reentry into the United States after an earlier felony conviction and deportation.
Guideline section 2L1.2 calls for...
Federal Rule of Evidence 413: Court’s Interpretation of Word “Accused” is Overly Broad and Error
UNITED STATES OF AMERICA v. CARL A. COURTRIGHT, No. 09-2880.
Carl Courtright was convicted of production, possession, and receipt of child pornography and sentenced to life plus ten years in prison. Courtright now appeals his conviction, claiming that evidence of a prior sexual assault was erroneously admitted at trial....
Sentencing Entrapment is Recognized in Seventh Circuit. Sentencing Manipulation is Not: Boilerplate Rules
USA v. Richard Turner, 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 occurred on September 30, when, in exchange for $800, Turner sold...
Early Termination of Supervised Release. District Court’s Failure to Consider Proper Statutory Factors Leads to Remand
United States v. Mikel Lowe, No. 10-2832.
BAUER, Circuit Judge.
Defendant-appellant Mikel Lowe filed a motion for termination of his remaining term of supervised release in the United States District Court for the Southern District of Illinois. The court denied his motion without explanation and Lowe...
Inevitable Discovery Rule Car Stop Inventory Search: Boilerplate Search and Seizure Analysis
United States of America v. Dewayne Cartwright, No. 10-1879.
Police pulled Dewayne Cartwright over for a traffic violation, arrested him when he failed to produce a driver’s license and gave a false name, then searched the car incident to his arrest, locating a gun in the back seat.
Motion to Suppress Identification: Boilerplate Rules for Finding an Independent Basis for an In-Court Identification
United States of America v. Edward W. West, 10-1292
Edward W. West was charged with two counts of armed bank robbery in violation of 18 U.S.C. §§ 2113(a) and (d), and two counts of using a firearm during a crime of violence in violation of 18 U.S.C. § 924(c).
Warning!!! Pre-Trial Motions for Severence Must Be Renewed at Close of Evidence or They Are Waived on Appeal
USA v. Clarence E. Plato and Bishop C. Graham. 09-2099 and 2716.
Clarence Plato and Bishop Graham were jointly tried and convicted by a jury of distributing crack cocaine in violation of 21 U.S.C. § 841(a)(1). Law enforcement officers caught the pair on videotape selling crack cocaine to a...
Supervised Release Violations May Be Sentenced Concurrent To New Conviction
USA v. Lawrence Taylor, 10-1304. Appellant Lawrence Taylor appeals from his sentences for bank robbery and for violating the terms of his supervised release relating to an earlier bank robbery conviction.
Because the district court erred by failing to appreciate its discretion to impose the sentences either consecutively or concurrently,...
Sentence Based on Clearly Erroneous Facts Is Procedural Plain Error
USA v. Juan Corona-Gonzalez. 09-3993.
Juan Corona-Gonzalez seeks review of a sentence imposed by the United States District Court for the Southern District of Indiana. A jury found Mr. Corona-Gonzalez guilty of possession with intent to distribute 500 grams or more of a mixture containing methamphetamine and possession of...
FRE 901 (b)(5) and Lay Opinion Voice Identification Testimony: Boilerplate Rules
Law enforcement authorities launched an investigation in the summer of 2007 into the shipment of cocaine from California and Utah to Indianapolis, Indiana. During the course of this investigation, the Drug Enforcement Administration (DEA) obtained...