Part of Gun Manufactured Outside of Illinois Enough to Meet Interstate Commerce, Illinois Aggravated Battery Conviction Not Always a Violent Crime for ACCA
USA v. James Humphries, 05-3172. James Humphreys was convicted after a jury trial of possession of a firearm by a felon. See 18 U.S.C. § 922(g)(1). The district court found that he had three prior felony convictions for violent crimes and sentenced him to fifteen and one half years’ imprisonment under the Armed...
Failing to Report to BOP is a Continuing Offense for Statute of Limitations Calculation
US v. Alfred Elliot, 05-4623. While he was a partner at Schiff, Hardin & Waite in Chicago, Alfred Elliott used client’s confidential information for his own benefit in securities transactions. Eventually, in 1989, he was convicted on 70 counts of securities fraud, mail fraud, tax evasion, and operating a racketeering enterprise. His...
Sentecing Manipulation by Agents Not a Defense in 7th Circuit
United States v. Eric Wagner, 06-1644. Eric Wagner was charged with eight counts of selling a firearm to a convicted felon in violation of 18 U.S.C. § 922(d)(1) and eight counts of distributing marijuana in violation of 21 U.S.C. § 841(a)(1). On October 20, 2005, Wagner pleaded guilty to one count of...
58 Year Old Man Sentenced to Die in Prison – Not Unreasonable
USA v. Wurzinger. 05-3803. Richard Wurzinger, age fifty-eight, was sentenced to 262 months in prison, the longest sentence within the range indicated by the Sentencing Guidelines for his role at the center of a conspiracy to manufacture methamphetamine. Given his age and his failing health, he will likely die in prison.
Motion to Suppress Statement Denied – Miranda Not Required Unless Defendant In Custody
Hello everybody. I am Chicago Criminal Defense Attorney Michael J. Petro. To see more about me, visit my web site at www.mjpetro.com.
Every week I will be summarizing the latest criminal law cases decided by the 7th Circuit Court of Appeals. For the full opinions visit the 7th Circuit...
Motion to Suppress Defendant’s Presence in US After Illegal Police Search Denied
USA v. Roche-Martinez, 05-4618. Roche-Martinez pleaded guilty to being in the United States after being deported following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2).
The police arrested Roche-Martinez in a garage behind his mother’s residence after entering the property without a...
Relevant Conduct Explained – Membership in Latin Kings is Not Enough
USA v. Evarado Avila, 05-1894. The defendant was indicted along with a number of others for conspiracy to distribute cocaine and marijuana and for possession of marijuana with intent to distribute it. The judge imposed the statutory maximum of 5 years and the defendant appeals on the ground that the judge misapplied...
Illinois Court Supervision Ruins Safety Valve, Motion to Vacate Guilty Plea Denied
Hello everybody. I am Chicago Criminal Defense Attorney Michael J. Petro. To see more about me, visit my web site at www.mjpetro.com.
Every week I will be summarizing the latest criminal law cases decided by the 7th Circuit Court of Appeals. For the full opinions visit the 7th Circuit...
Frank’s Hearing Denial Clear Error
US v. Antone C. Harris, 05-3808. When a criminal defendant makes a substantial preliminary showing that the warrant to search his property was procured by intentional or reckless misrepresentations in the warrant affidavit, and such statements were necessary to the finding of probable cause, the Fourth Amendment entitles the defendant to a...
Requirements for Entrapment Instruction
USA v. Anwar Haddad, 05-3086. A jury found Anwar Haddad was guilty of one count of wire fraud and two counts of money laundering, in violation of 18 U.S.C. § 1343 and 18 U.S.C. § 1957. Haddad’s store, R & F Grocery ("R&F"), was authorized to sell certain approved food items for food...