Government Is Not Allowed to Use Defendant’s Proffer Protected Statements to Increase Relevant Conduct Drug Amount
U.S. v. Douglas Farmer, James Ellis, Josiah Compton, and Gerald Howliet, Nos. 07-2505, 07-2506, 07-2507 and 07-3313. This is a consolidated appeal from the convictions of four out of fourteen defendants for various offenses stemming from a drug distribution ring in the East St. Louis, Illinois area.
Compton was convicted...
Intricately Related and 404(b) Evidence: Boilerplate Rules.
United States v. Harris, No. 07-2195 (7th Cir. 08/06/2008).
Spencer Harris was convicted after a jury trial on five separate criminal counts: one count of distributing crack cocaine, 21 U.S.C. §§ 841(a)(1), (b)(1)(B), one count of distributing powder cocaine, id. §§ 841(a)(1), (b)(1)(C), one count of possessing crack cocaine...
Speech Alone (Even Obscene Speech) Is Not Substantial Step For Attempt Solicitation
United States v. Gladish, No. 07-2718 (7th Cir. 07/31/2008). A jury convicted the defendant of having violated two federal statutes: 18 U.S.C. § 1470, which prohibits knowingly transferring or attempting to transfer obscene material to a person under 16, and 18 U.S.C. § 2422(b), which forbids knowingly attempting to persuade, induce, entice, or coerce...
Sixth Amendment Right to Speedy Trial – Boillerplate Analysis
USA v. Edgar Arceo, 07-3296. Edgar Arceo and a co-defendant were charged with a conspiracy to possess with intent to distribute and to distribute a controlled substance in violation of 21 U.S.C. § 846. More than six years later Arceo was arrested. He moved to dismiss the indictment based on an alleged violation...
Honest Services Fraud: USSG 2B1.1 Is Right For Embezzlers
USA v. Teresa and Michael Orsburn, 07-2584 & 2585. In 1998 Michael Orsburn was elected Trustee of Keener Township in Jasper County, Indiana. The Trustee administers funds for emergency services and relief of the poor. Michael appointed his wife, Teresa Orsburn, to keep records and write checks.
The Orsburns...
Mere Presence and Conpiracy: Boilerplate Rules.
USA v. Anthony Gilmer and Jamar Bailey,06-3201 & 06- 3250. Anthony Gilmer and Jamar Bailey were indicted on two counts of conspiracy and drug possession charges in March 2005. Following a bench trial, the district court found Gilmer and Bailey guilty and sentenced them to 57 months’ and 100 months’ imprisonment respectively.
7th Circuit Court of Appeals Explains Appellate Rule 35 and 40 Petitions for Rehearings:
Easley v. Reuss, 06-1646, ON PETITION FOR REHEARING.
In her petition for rehearing with suggestion for rehearing en banc, Ms. Easley requests that this court revisit its prior decision.
We decline to do so, but we take this opportunity to explain our denial of further review in...
Two Obstruction-of-Justice Enhancements for Two Separate Incidents of Perjury Not Allowed
On December 19, 2000, a shipment of 1300 Sony digital cameras disappeared from O'Hare International Airport soon after arriving on an American Airlines flight from Japan. An investigation resulted in confessions from two American Airlines employees-defendants Hugh Willis and...
Drug Quantity and Relevant Conduct: USPO’s Version Rejected
Rodrigo Soto-Piedra and Miguel Hernandez pleaded guilty to conspiracy to distribute cocaine. Neither stipulated to a precise drug quantity when pleading guilty, and each now challenges his sentence.
Soto contends that the district court exaggerated the drug quantity...
Boilerplate Rules For District Court Dealing With Difficult Defendant With Appointed Counsel
United States of America v. Michael Alden, No. 07-1709.
Defendant-Appellant Michael Alden was convicted of conspiring to manufacture, to possess with the intent to distribute and to distribute in excess of 500 grams of methamphetamine. Alden appeals various rulings made by the district court, as well as his sentence....