FRE 902(11). Boilerplate Rules for Admission of Certified Business Records
The government charged defendant James Green with four counts of wire fraud. His cousin, co-defendant Joseph Green, recruited Green to purchase properties in exchange for cash. Throughout the trial, Green argued that he was a victim of the fraudulent scheme, left holding the...
How to make the Federal Speedy Trial Clock Start Ticking
In this case, due to a federal detainer the defendant was indicted on a felony charge of being in possession of both firearms and illegal possession of a submachine gun following receiving time served on state charges. United States v. Richardson, 780 F.3d...
How to make the Federal Speedy Trial Clock Start Ticking
In this case, due to a federal detainer the defendant was indicted on a felony charge of being in possession of both firearms and illegal possession of a submachine gun following receiving time served on state charges. United States v. Richardson, 780 F.3d...
18 USC 1001: False Statements Must Be Material to the Federal Government
William Patrick Clark’s trucking business was hired to perform hauling services on a state-and federally funded highway project in Missouri. Because federal funds were in play, Clark’s contract with the project’s general contractor required that he pay his truck drivers the federal prevailing wage pursuant to the Davis-Bacon Act (which, at the...
Medical Marijuana in Illinois: Qualifying Conditions
The following have been approved as qualifying conditions under Illinois’ Medical Marijuana Law:
Alzheimer’s disease Amyotrophic Lateral Sclerosis (ALS) Arnold Chiari malformation Cachexia/wasting syndrome Cancer Causalgia Chronic Inflammatory Demyelinating...Entrapment: Presence of Several Inducement Plus Factors Leads to REVERSAL
Defendant James Barta has appealed his conviction for conspiracy to commit bribery. He was charged and convicted based on an undercover government sting operation that evolved into an agreement among Barta and his co-defendants to bribe a fictional county official in California...
Drug Conspiracy: Buyer/Seller Arrangement Alone is NOT Enough
Drug-distribution conspiracies hold a unique position in our legal sufficiency jurisprudence. In these special cases, we will overturn a conviction when the plausibility of a mere buyer-seller arrangement is the same as the plausibility of a drug-distribution conspiracy. See United States v. Johnson, 592...
Automobile Search and Seizure: Police NOT Allowed to Prolong Traffic Stop to Search for Illegal Contraband
Decided April 21, 2015
Facts:
Officer Struble, a K–9 officer, stopped petitioner Rodriguez for driving on a highway shoulder, a violation of Nebraska law. After...
Rod Blagojevich: Political Logrolling Is Not Illegal
DECIDED JULY 21, 2015
EASTERBROOK, Circuit Judge. Rod Blagojevich was convicted of 18 crimes after two jury trials. The crimes include attempted extortion from campaign contributors, corrupt solicitation of funds, wire fraud, and lying to federal investigators. The first...
“Deliberate Indifference” Instruction and/or the “Ostrich Instruction” – Boilerplate Rules
POSNER, Circuit Judge.
The defendant was convicted of conspiring to distribute at least five kilograms of cocaine, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2, and of conducting an unlicensed money-transmitting business in violation of...