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Demetrius G. Jackson v. USA, 04-3657.  On July 30, 1999, Demetrius G. Jackson was sentenced 262 months’ imprisonment as a career offender under U.S.S.G. § 4B1.1. Nearly five years later, he succeeded in reducing one of the predicate state convictions for this enhancement from a felony to a misdemeanor.

USA v. Demaree, 05-4213.   

The opinion of the court was delivered by: Posner, Circuit Judge.

The only question presented by this criminal appeal is whether a change in the guidelines that expands the guidelines range for a crime is an ex post facto law and...

Effrain Santos v. USA, 04-4221 & 05-2316, This is an appeal by the government of proceedings under 28 U.S.C. § 2255, in which the district court vacated Santos’ money laundering conviction on the basis of 7th Circuit decision in United States v. Scialabba, 282 F.3d 475 (7th Cir. 2002), which defined "proceeds" to mean...

USA v. Ronald Valle, 03-3293 & 03-3294,  Valle was sentenced to 163 months’ imprisonment for bank robbery and for violation of his supervised release. After the district court departs upward from the guidelines, Valle appeals his sentence. The 7th Circuit affirms the upward departure.

In upholding the departure, the...

USA v. Rea-Beltran, 04-2305.  Upon being charged with illegal re-entry, see 8 U.S.C. § 1326, and use of a false passport, see 18 U.S.C. § 1546(a), Rea-Beltran entered into a plea agreement with the Government, which was presented to the district court. However, the district court, unsatisfied that Mr. Rea-Beltran had established a...

USA v. Drake, 04-4240.  A jury found James Drake guilty of possession of a firearm by a felon, 18 U.S.C. § 922(g)(1).  Drake appeals arguing that the gun should have been suppressed. 

Drake’s case involves a 911 call which leads to a traffic stop and the finding of the gun...

USA v. Tony Warren, 05-2791.  Tony Warren was convicted of various charges related to a fraudulent check scheme. What makes Warren’s convictions unusual is his insistence that the fraud was authorized by the United States Secret Service. Warren stipulated that he sent several altered checks purportedly made out to "A&B Electrical" to an...

USA v. Marvin Smith, 04-3581.  In 1990, Smith was found guilty at trial of conspiracy to distribute in excess of 5 kilos of cocaine.  After trial, Smith was on bond and did not show up for sentencing for 14 years.  Smith appeals his 30 year sentence.  7th Circuit affirms Smith’s conviction but remands...

USA v. Karl Bullock, 05-2655.  Yikes!  Karl Bullock is sentenced to 1200 months for five counts of distributing heroin.  The USA dismisses Bullock’s conspiracy count but argues relevant conduct for the conspiracy at sentencing. 

In short, the government asks for 30 years for Bullock’s crimes.  The district court disagrees and...

No criminal law decisions this week.  Have a Happy Holiday!

For more about attorney Michael J. Petro, visit www.mjpetro.com.