18 USC 3553(a): Conditions of Presentencing Confinement Are Not Considered as a Mitigating Factor
UNITED STATES of America, Plaintiff-Appellee, v. Richard TURNER, Defendant-Appellant.
No. 08-2413.
Richard Turner was a drug dealer operating in Chicago Heights, Illinois. He engaged in two drug sales in 2004 that formed the basis of his subsequent indictment, conviction, and sentence.
The first...
Supervised Release Violation: District Court Must Consider USSG Range and 3553 (a) Factors at Sentencing
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JAMES W. SNYDER, Defendant-Appellant.
No. 09-3748.
Decided March 18, 2011.
WILLIAMS, Circuit Judge.
James W. Snyder was sentenced to eight years’ reimprisonment upon revocation of his supervised release.
When the district...
Batson Reversal: Prosecutor’s Stated Reason for Removing African-American Juror Is Found to be a Pretext for Discrimination
UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
STYLES TAYLOR and KEON THOMAS, Defendants-Appellants. Nos. 05-2007, 05-2008, 09-1291
This case returns to us again on the issue of the prosecutor’s use of a peremptory strike against an African-American member of the jury pool. Styles Taylor and Keon Thomas, both African-American, were convicted of...
USSG 3B1.3 Abuse of Trust. Mortgage Broker’s Relationship With Lender Does Not Qualify
UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
MITCHEL A. FUCHS, Defendant-Appellant.
No. 09-1611.
Mitchel Fuchs brokered subprime mortgages by enticing lenders with falsified loan applications and phony documentation. He was convicted after a jury trial of mail and wire fraud. See 18 U.S.C. §§ 1341, 1343.
FRE 404 (b). Improper Use of Defendant’s Prior Unrelated Drug Convictions Leads to Reversal
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. BILLY L. HICKS, Defendant-Appellant.
No. 09-3608.
A jury found Billy Hicks guilty of one count of knowingly distributing cocaine base, in violation of 21 U.S.C. § 841(a)(1). However, because we find that the district court improperly allowed evidence of Hicks’s...
Police Officers Failure to Follow Miranda Rules Leads to Suppression of Statement
UNITED STATES OF AMERICA v. THOMAS L. SWANSON
No. 10-2178, U.S. Court of Appeals, 7th Cir. (2011)
In 2009, an arrest warrant was issued for Thomas Swanson. It was based on his 2008 possession of a firearm without a valid Firearm Owner's Identification card, which is a violation...
Fair Sentencing Act – Relevant Date for Determination of Retroactivity is the Date of the Underlying Criminal Conduct, Not the Date of Sentencing
USA v. Anthony Fisher, 10-2352. USA v. Edward Dorsey, Sr., 10-3124.
The Fair Sentencing Act of 2010 (FSA) might benefit from a slight name change: The Not Quite as Fair as it could be Sentencing Act of 2010 (NQFSA) would be a bit more descriptive. But whether the FSA...
USSG 2L1.2. Probation Violation After Depotation Not Counted
UNITED STATES OF AMERICA v. CRUZ LOPEZ, No. 10-1470.
This appeal presents an issue of law concerning the application of section 2L1.2 of the Sentencing Guidelines to an alien's illegal reentry into the United States after an earlier felony conviction and deportation.
Guideline section 2L1.2 calls for...
Federal Rule of Evidence 413: Court’s Interpretation of Word “Accused” is Overly Broad and Error
UNITED STATES OF AMERICA v. CARL A. COURTRIGHT, No. 09-2880.
Carl Courtright was convicted of production, possession, and receipt of child pornography and sentenced to life plus ten years in prison. Courtright now appeals his conviction, claiming that evidence of a prior sexual assault was erroneously admitted at trial....
Early Termination of Supervised Release. District Court’s Failure to Consider Proper Statutory Factors Leads to Remand
United States v. Mikel Lowe, No. 10-2832.
BAUER, Circuit Judge.
Defendant-appellant Mikel Lowe filed a motion for termination of his remaining term of supervised release in the United States District Court for the Southern District of Illinois. The court denied his motion without explanation and Lowe...