Franks Hearing: Negligent Police Affidavit Not Enough For Suppression. Police Affidavit Must Be Reckless and Deceitful

USA v. Larry D. Billian, No. 09-3385.

Larry Billian pleaded guilty to two marijuana offenses and to possessing a firearm in connection with those crimes. His conditional plea reserved the right to appeal from the district court's order denying his motion to suppress evidence seized from his home.

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18 USC 3553 Factors at Sentencing: Boilerplate Procedural Rules for District Court’s Sentence

United States v. Pulley, No. 08-3363 (7th Cir. 2010).

Ondray Pulley pleaded guilty to one count of wire fraud related to a scheme to defraud the United Airlines Employees’ Credit Union (UAECU). He was sentenced to 87 months’ imprisonment and ordered to pay restitution. Pulley now appeals, arguing that the...

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Speedy Trial Act – 18 USC 3161. Boilerplate Rules For Calcualting the 70 days

United States v. Michael Napadow, No. 09-1920 (7th Cir. 02/23/2010)

The district court denied Michael Napadow’s motion to dismiss the indictment for lack of a speedy trial. Mr. Napadow now seeks review of that decision. Because we conclude that the district court was correct, we affirm the judgment.

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Deadbeat Parents Punishment Act – 18 USC 228 – Failure to Pay Child Support is a Continuing Offense, Ignorance of This Law is No Excuse and Double Counting

United States v. Bell, 09-2555 (7th Cir. 2010).

In 2008, a grand jury returned a one-count indictment charging Maurice Bell with willful failure to pay child support from February 2000 to June 2007, in violation of the Deadbeat Parents Punishment Act of 1998 (DPPA), 18 U.S.C. § 228(a)(3). Bell moved...

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“Innocent Possession” Defense and Jury Instruction Not Recognized in 7th Circuit

United States v. Lee Anton Jackson, 09-2279 (7th Cir. 2010).

On March 9, 2008, police found a gun in a computer case belonging to Defendant Lee Anton Jackson, who had prior felony convictions. A grand jury subsequently returned an indictment charging Defendant Jackson with one count of being a...

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USSG 5G1.3. Concurrent Federal Sentence Not Allowed For Completed State Court Sentence

USA V. Hector Cruz.  08-4194  (7th Cir. 02/11/2010).

The opinion of the court was delivered by: Posner, Circuit Judge.

Hector Cruz challenges his 10-year mandatory-minimum sentence for conspiring to sell illegal drugs. 21 U.S.C. § 841(b)(1)(A). He had previously been convicted in an Illinois state court...

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District Court’s Arbitrary Decision to Disqualify Attorney Representing Multiple Defendants Requires New Trial

United States v. Turner, 09-1595 (7th Cir. Feb. 2, 2010).

The district court disqualified Roosevelt Turner's retained counsel from representing him in this cocaine-conspiracy case because the attorney was also representing an alleged coconspirator in sentencing proceedings. The question for us is whether this violated Turner's Sixth Amendment right to...

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