Crack Cocaine Determinaton: “Undeniably Thin” But Affirmed
USA v.FELIPE PADILLA, No. 06-4370. Felipe Padilla pleaded guilty to one count of knowingly distributing 121.3 grams of a substance containing cocaine base, in violation of 21 U.S.C. § 841(a)(1). After finding that the substance in question was cocaine base in the form of crack, the district court sentenced Padilla to 327 months'...
On Restitution: No Longer Error For District Court Not to Set a Payment Schedule
USA v. Michael E. Sawyer, Patrick Duncan, and Terrell Rogers, Nos. 06-1275, 06-1614 & 06-4030. In each of these appeals, the sole argument is that the district court committed plain error by not specifying an installment plan for the payment of restitution.
In one of the three cases the district...
On Restitutuion: Beyond a Reasonable Doubt Not Required
USA v. VERNON BONNER AND MARIA MAGANA-BONNER, 06-3350.The defendants challenge various aspects of restitution payments they are required to make under the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. § 3663A. In particular, the defendants claim that restitution under the MVRA is a criminal punishment and that the facts underlying the restitution...
Honest Services Fraud Explained
USA v. Robert Sorich, 06-4251. Despite the existence of a federal consent decree and other measures that for decades have sought to bring more transparency and legitimacy to the City of Chicago’s civil service hiring, patronage appointments have continued to flourish. The centerpiece of this appeal is a challenge to the government’s theory...
Narcotics Police Officer Not an Expert Under FRE 702
USA v. TAOFIQ AFONJA, 06-3347. Michael Sanders arrived in the United States from Nigeria with 3.6 kilograms of heroin in his luggage. When caught, he claimed to be a courier with no interest in the drugs apart from a $3,000 fee for his services; he agreed to participate in a controlled delivery to...
Boilerplate Sentencing Law Post Rita and Gall
USA v. Ralph Shannon, 07-2794. Ralph Shannon pleaded guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4). The district court sentenced Shannon to 46 months’ imprisonment and a life term of supervised release. On appeal, he argues that (1) the federal sentencing scheme approved in United...
Relevant Conduct Calculation Found Beyond Realm of Permissable Calculations
USA v. GERALD E. ANDERSON, 06-2205. In December 2004, Anderson and Meisch were indicted on charges of bribery and wire and honest services fraud. The two men had been caught offering a $10,000 bribe to the Aurora Director of Public Works in order to smooth the way for Anderson’s latest development project. Meisch...
Textbook Search and Seizure Law Leads to Reversal
UNITED STATES OF AMERICA v. EARKLE J. TYLER, 06-2904. Earkle Tyler was charged with possessing crack with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Tyler moved to suppress the crack, arguing that it was discovered only after police officers detained and searched him without reasonable suspicion. The district court denied...
USSG 2B3.1 Threat of Death Enhancement Not Alllowed With 924(c) Conviction
United States vs. Daniel Katalinic, No. 07-1588.
Daniel Katalinic pleaded guilty to bank robbery (18 U.S.C. § 2113(a)) and carrying a firearm in relation to a crime of violence (18 U.S.C. § 924(c)). At sentencing, the district court added two levels to the base offense level on the robbery count because...
Batson: Boilerplate Rules
USA v. Larry Hendrix, 06-4355. A jury convicted Larry Hendrix of possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). The district court sentenced him to 262 months’ imprisonment. Hendrix challenges his conviction, claiming that the district court erred in (1) finding that the...