Penile Plethysomograph Testing Found Not Ripe
UNITED STATES OF AMERICA v. BRUCE J. RHODES, 07-3953 Bruce Rhodes pled guilty to knowingly possessing a computer hard drive containing video depictions of a minor engaging in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(4). The court sentenced Rhodes to a ten-year term of imprisonment followed by a life term...
Theory of Defense Jury Instructions: Boilerplate Rules With Limitations Explained.
UNITED STATES OF AMERICA v. CALVIN BRUCE. 07-3675.
Mr. Bruce's first basis for appeal is that he was deprived of the right to a fair trial by the district court's refusal to give his proposed jury instruction, which stated that the police violated Wisconsin law by failing to record...
Sophisticated Means and USSG 2B1.1(9)(c) – Boilerplate Analysis
USA v. Ronald E. Wayland, 08-2194. A jury found Ronald E. Wayland guilty of making false statements relating to health care matters, in violation of18 U.S.C. §§ 1035(a)(2), 24(b). At sentencing, the district court concluded that Mr. Wayland used "sophisticated means" to perpetrate the fraud and, accordingly, applied a two-level upward adjustment to...
Cooperating Defendant Gets No Substantial Assistance Motion From Government. Or, Where To Start When the Government Bleeps Your Client
USA v. Darnell C. Billings, 07-2307.
Defendant Darnell Billings received a statutory minimum sentence of life imprisonment after pleading guilty to dealing over 50 grams of crack cocaine. He claims the government should have rewarded his cooperation by filing a substantial assistance motion under 18 U.S.C. § 3553(e), which...
USSG 5G1.3. Consecutive v. Concurrent Sentence Analysis
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
STANLEY F. JACKSON, DEFENDANT-APPELLANT. 07-3226.
Stanley F. Jackson pled guilty to one count of possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1). Jackson was on probation and supervised release when he committed the charged offense . At sentencing, Jackson requested...
After Client’s Written Waiver of Appeal, Lawyer’s Failure to File Notice of Appeal Is Not Ineffective Assistance
Armando Nunez v. USA, 06-1014 (Round 2 in 7th Circuit). Last year we held that by surrendering, as part of a plea bargain, his opportunity to wage a collateral attack on his conviction, Armando Nunez had waived any right to relief based on the theory that his lawyer should have filed a notice...
Counsel’s Faiilure to Notify Client of Rights Under Vienna Convention May Be Ineffective Assistance
Osagiede v. United States, No. 07-1131 (7th Cir. 09/09/2008)
Johnbull K. Osagiede, a Nigerian national, pleaded guilty to one count of heroin distribution and was sentenced to more than eight years in federal prison. Subsequently, he filed a pro se petition for a writ of habeas corpus in the...
Ex-Wife Has Actual and Apparent Authority to Consent to Search of Ex-Husband’s Home
United States v. Ryerson, No. 07-1654 (7th Cir. 09/18/2008)
Defendant Richard Ryerson challenges his conviction and sentence for possessing a machine gun in violation of 18 U.S.C. § 922(o). Ryerson claims the district court improperly denied his motion to suppress the machine gun, which was found in Ryerson's garage...
Anticipatory Search Warrants Are Constitutional
United States v. Whited, No. 07-1015 (7th Cir. 08/25/2008)
Defendant Matthew Whited was charged with possession, receipt, and distribution of child pornography based on evidence gathered in a search of his home pursuant to an anticipatory warrant. Federal agents obtained the warrant after Whited ordered a videotape of child...
Convictions With Mens Rae of Negligence or Recklessness Cannot Serve as Predicate Violent Felony Under Armed Career Criminal Act
United States v. Smith, No. 07-1853 (7th Cir. 09/12/2008)
Steven Smith was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). The district court found that Mr. Smith qualified for an enhanced sentence under the Armed Career Criminal Act,...