Sealed Documents in District Court Automatically Unsealed on Appeal
UNITED STATES OF AMERICA v. MAURICE FOSTER, No. 09-1248.
EASTERBROOK, Chief Judge
Information that affects the disposition of litigation belongs in the public record unless a statute or privilege justifies nondisclosure.
This court explained in Baxter International, Inc. v. Abbott Laboratories, 297 F.3d 544, 545–46 (7th...
Improper to Grant Continuance for Purpose of Changing Substantive Law
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. ARTHIA LAMONT TANNER. 07-1801, 544 F.3d 793 (7th Cir. 2008).
Before POSNER, Circuit Judge.
Defendant challenges the district judge's failure to delay the sentencing hearing for five months, until the 2007 version of the federal sentencing guidelines went into effect. Had he been...
District Court’s Use of Wrong USSG Section. Harmless Error Analysis Applies
United States v. Abbas, No. 07-3866 (7th Cir. 03/26/2009)
Omar Abbas challenges the application of U.S.S.G. § 2C1.1 (extortion under color of official right) to his sentence for impersonating an FBI agent and argues that he should be re-sentenced. While we agree that impersonation of a public official is...
Illegal Alien’s Are Not Prohibited From Bond Under 18 USC 3142
This is not a 7th Circuit Court of Appeals decision.
USA v. Jose Chavez-Rivas, 08 CR 31 (USDC Eastern District of Wisconsin, Judge Lynn Adelman).
The government charged defendant Jose Chavez-Rivas with unlawful re-entry after
deportation, 8 U.S.C. § 1326, and a magistrate judge initially ordered him...
Mitigating Role Analysis Under USSG 3B1.2 Leads to Reversal
USA v. Joseph J. Hill. 07-2714.
Joseph J. Hill and Larry E. Lumsden both pleaded guilty to a charge that they had unlawfully possessed firearms as convicted felons, in violation of 18 U.S.C. § 922(g)(1). Hill con-tends that the district court improperly denied him an offense-level reduction based on his...
Durress as an Affirmative Defense: Boilerplate Rules
United States v. Terri Sawyer, 08-2236.
Terri Sawyer was convicted for participating in a conspiracy to distribute methamphetamine. Her appeal primarily rests on the district court's refusal to instruct the jury on the elements of a duress defense.
Sawyer presented a very different account of the...
Oily Prosecutor’s Misconduct Leads to Reversal in Salad Dressing Case
USA v. Charles Farinella, 08-1839.
The opinion of the court was delivered by: Posner, Circuit Judge.
The defendant was convicted by a jury of wire fraud, 18 U.S.C. § 1343, and of introducing into interstate commerce a misbranded food with intent to defraud or mislead. 21...
Anonymous Tip Arrest. Police Use of Excessive Force Not Basis For Suppression.
USA v. Calvin Watson, 08-1938. The defendant appeals from his conviction for illegal possession of guns and ammunition, for which he was sentenced to six years in prison. The only question is the legality of the seizure of the weapons, which were essential evidence of his guilt.
A police officer...
USSG Crack Cocaine Redox: Two Levels Only.
USAv DEREK CUNNINGHAM AND NORMAN THOMAS, 08-2901 & 2931. This case presents the consolidated appeals of Derek Cunningham and Norman Thomas. Their appeals arise from the same prosecution and raise the same purely legal issue: whether a district court, in reducing a defendant's sentence pursuant to 18 U.S.C. § 3582(c)(2), has authority...
USSG 3C1.1 Obstruction of Justice. Warning: Defendant’s Friend Nicely Asking a Witness Not to Testify is Obstruction.
USA v. Adonis House, 07-4043. A federal jury convicted Adonis House of two counts of distribution of crack cocaine, and the district court sentenced him to 188 months in prison, followed by five years of supervised release. On appeal, contends that the district court improperly made a two-point adjustment to his base offense...