“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...
Brief Filed in 7th Circuit Court of Appeals: USSG 2D1.1(b)(12)
On June 15, 2015, Chicago Federal Criminal Defense Attorney Michael J. Petro filed his brief in the 7th Circuit Court of Appeals on behalf of Acasio Sanchez. USA v. Acasio Sanchez, No. 15-1356. Mr. Petro represented Mr. Sanchez in the District Court. At issue is the “stash house” enhancement to United States...
Brief Filed in 7th Circuit Court of Appeals: USSG 2D1.1(b)(12)
On June 15, 2015, Chicago Federal Criminal Defense Attorney Michael J. Petro filed his brief in the 7th Circuit Court of Appeals on behalf of Acasio Sanchez. USA v. Acasio Sanchez, No. 15-1356. Mr. Petro represented Mr. Sanchez in the District Court. At issue is the “stash house” enhancement to United States...
Winning Ugly: Persistence Leads to Not Guilty
Winning! After seven court dates, three legal briefs and four different Judges, the “system” finally gave up and granted my Motion for Judgment for Acquittal. Congratulations Mr. Peete! #persistancewins
By: Chicago Criminal Defense Lawyer Michael J. Petro
Nicolas Gomez Gets His Federal Sentence Reduced!
Chicago Federal Criminal Defense Attorney Michael J. Petro filed a Motion in Chicago on behalf of Nicolas Gomez to Reduce his Federal Sentence. On April 23, 2015, Federal District Court Judge Gary Feinerman reduced Nicolas Gomez’s sentence from 84 months to 67 months. Congratulations Nicolas!
By: Chicago Federal Criminal Defense...
The 7th Circuit Is Not Happy With a Prison Sentence For Marijuana Use
In 2009 the defendant was sentenced to 24 months in prison, to be followed by 3 years of supervised release, for being a felon in possession of a gun.
In October 2013 and in April 2014 his probation officer...
Drug Penalties in Illinois
ACCURATE AS OF FEBRUARY 20, 2015
Possession of Methamphetamine’s WeightStatuteClassTime0-5 grams720 ILCS 646/60(b)(1)Class 32-5 years5-15 grams 720 ILCS 646/60(b)(2)Class 23-7 years15-100 grams720 ILCS 646/60(b)(3)Class 14-15 years100-400 grams720 ILCS 646/60(b)(4)Class X6-30 years400-900 grams720 ILCS 646/60(b)(5)Class X8-40 years900+720 ILCS 646/60(b)(6)Class X10-50 years Possession...Motion to Reconsider Sentence Does NOT Stop Appeal Filing Deadlines
Background. Louis Townsend pleaded guilty to possessing a firearm as a felon and was sentenced to 71 months in prison. He challenges his sentence on several grounds, but the government questions whether the appeal is timely. Townsend’s deadline for filing a notice...
Motion to Reconsider Sentence Does NOT Stop Appeal Filing Deadlines
Background. Louis Townsend pleaded guilty to possessing a firearm as a felon and was sentenced to 71 months in prison. He challenges his sentence on several grounds, but the government questions whether the appeal is timely. Townsend’s deadline for filing a notice...
Honest Services Fraud: Use of Word “Reward” In Jury Instruction Leads to Reversal
Thomas Hawkins and John Racasi were employed as analysts on the staff of Larry Rogers, a member of the Cook County Board of Review, when they accepted money from Ali Haleem, a corrupt Chicago police officer...