Government Breach of Plea Agreement Leads to REVERSAL
Defendant-Appellant Salvador Guadalupe Navarro (“Navarro”) pleaded guilty to and was convicted of one count of conspiracy to possess with intent to distribute more than five kilograms of cocaine. In the plea agreement, the government and Navarro both agreed to refrain from...
Michael J. Petro argues in the 7th Circuit Court of Appeals on November 17, 2015
PRESS RELEASE (Chicago) – On November 18, 2015, Chicago Federal Criminal Defense Attorney Michael J. Petro will argue in the 7th Circuit Court of Appeals. US v. Acasio Sanchez, 15-1356. In his brief, Mr. Petro argues that the district court improperly sentenced Mr. Sanchez by applying the “stash house” enhancement in the United States Sentencing Guidelines. ...
Search Warrants and the Leon Good Faith Exception: Boilerplate Rules
Ted Pappas was indicted for possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). Pappas pleaded not guilty and filed a motion to suppress evidence seized during a search of his home, as well as statements he made during the execution...
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...
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...
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...