Expunging Your Federal Conviction – Rules You Need to Know
(Editor’s note: This is a District Court decision NOT 7th Circuit Court of Appeals.)
April 7, 2016
In 2007, Brian Pfeiffer pled guilty to possession with intent...
Search and Seizure Traffic Stop – Suspicion of Texting While Driving Is Not Enough. Case Dismissed
An Indiana statute forbids drivers to use a telecommunications device (a cellphone) to type, transmit, or read a text message or an electronic-mail message, Ind. Code § 9-21-8-59(a). All other uses of cellphones by drivers are allowed. An Indiana police officer, in the course of passing...
Search and Seizure Traffic Stop by Police: Officers Mistake Regarding Illinois Turn Signal Law Leads to Suppression of Evidence
LeShawn Stanbridge appeals his conviction for possession of methamphetamine with intent to distribute, 21 U.S.C. § 841(a)(1). The drugs had been found in Stanbridge’s car after police in Quincy, Illinois, detained him on the ground that he committed a traffic offense by not signaling continuously for...
FRE 701 Opinion Testimony by Lay Witnesses – Boilerplate Rules
Terry Joe Smith, a police officer in Putnam County, Indiana (roughly midway between Indianapolis and Terre Haute), was convicted by a jury in federal court of violating 18 U.S.C. § 242 by depriving two persons, under color of...
Honest Services Fraud – “Value of Benefit Received” Explained
United States v. Harper, No. 14-2701. The defendant pleaded guilty to fraud consisting of her having abused her position as a member of a Chicago public-school board by accepting kickbacks of more than $500,000 from bus companies to which she steered transportation contracts worth $21 million. The parties stipulated that the value of...
USSG 2B1.1 – Honest Services Fraud “Value of Benefit Received” Explained
United States v. Harper, No. 14-2701. The defendant pleaded guilty to fraud consisting of her having abused her position as a member of a Chicago public-school board by accepting kickbacks of more than $500,000 from bus companies to which she steered transportation contracts worth $21 million. The parties stipulated that the value of...
Eyewitness Identification – Watershed Decision Identifies Fallibility of Eyewitness Identifications
Editor’s Note – This is an Illinois Supreme Court Opinion.
The issue is whether, in light of the specific facts and circumstances of this case, the circuit court of Cook County abused its discretion...
Eyewitness Identification – Watershed Decision Identifies Fallibility of Eyewitness Identifications
Editor’s Note – This is an Illinois Supreme Court Opinion.
The issue is whether, in light of the specific facts and circumstances of this case, the circuit court of Cook County abused its discretion...
Requirements for Stash House Enhancement
(Editors Note: Chicago Federal Criminal Defense Attorney Michael J. Petro represented Mr. Sanchez in the District Court and in the 7th Circuit Court of Appeals.)
Acasio Sanchez pleaded guilty to conspiring to possess with intent to distribute and to distribute heroin and cocaine, 21 U.S.C. §§ 846, 841(a)(1), and was...
Requirements for Stash House Enhancement
(Editors Note: Chicago Federal Criminal Defense Attorney Michael J. Petro represented Mr. Sanchez in the District Court and in the 7th Circuit Court of Appeals.)
Acasio Sanchez pleaded guilty to conspiring to possess with intent to distribute and to distribute heroin and cocaine, 21 U.S.C. §§ 846, 841(a)(1), and was...