Boilerplate Sentencing Law Post Rita and Gall
USA v. Ralph Shannon, 07-2794. Ralph Shannon pleaded guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4). The district court sentenced Shannon to 46 months’ imprisonment and a life term of supervised release. On appeal, he argues that (1) the federal sentencing scheme approved in United...
Relevant Conduct Calculation Found Beyond Realm of Permissable Calculations
USA v. GERALD E. ANDERSON, 06-2205. In December 2004, Anderson and Meisch were indicted on charges of bribery and wire and honest services fraud. The two men had been caught offering a $10,000 bribe to the Aurora Director of Public Works in order to smooth the way for Anderson’s latest development project. Meisch...
Textbook Search and Seizure Law Leads to Reversal
UNITED STATES OF AMERICA v. EARKLE J. TYLER, 06-2904. Earkle Tyler was charged with possessing crack with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Tyler moved to suppress the crack, arguing that it was discovered only after police officers detained and searched him without reasonable suspicion. The district court denied...
USSG 2B3.1 Threat of Death Enhancement Not Alllowed With 924(c) Conviction
United States vs. Daniel Katalinic, No. 07-1588.
Daniel Katalinic pleaded guilty to bank robbery (18 U.S.C. § 2113(a)) and carrying a firearm in relation to a crime of violence (18 U.S.C. § 924(c)). At sentencing, the district court added two levels to the base offense level on the robbery count because...
Batson: Boilerplate Rules
USA v. Larry Hendrix, 06-4355. A jury convicted Larry Hendrix of possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). The district court sentenced him to 262 months’ imprisonment. Hendrix challenges his conviction, claiming that the district court erred in (1) finding that the...
Sentencing Defendant In Absentia OK If Court Finds Absense Voluntary
USA v. Lahbib Achbani, 06-4190. In December 2005, Lahbib Achbani pleaded guilty to making and uttering a counterfeit check in violation of 18 U.S.C. § 513(a). Mr. Achbani disappeared shortly before his scheduled sentencing hearing. The district court postponed the hearing several times while the Government searched for Mr. Achbani. Ultimately the court...
Permanent Disfigurement for USSG Determined on Date of Sentencing
USA v. Bronson L. Webster, 06-4430. Bronson Webster punched Leah Tourtillott in the face five times and, after she collapsed, kicked her in the face five times. The attack broke her nose and the bone around her right eye; it also caused lacerations that a physician concluded would leave prominent facial scars. Because...
Jury Deliberation Allegations of Juror Misconduct – USA Has Burden to Overcome Presumption of Prejudice to Defendant
USA v. Felix Vasquez-Ruiz, 06-2180. Felix Vasquez-Ruiz ostensibly practiced medicine in the Chicago area. In reality, he was bilking insurance companies by ordering a multitude of unnecessary tests for patients who visited his clinic. Eventually he was caught and tried on multiple counts of mail and healthcare fraud.
Nine days...
Sentencing Disparity. OK For More Culpable Co-Defendant To Get Lower Sentence
USA v. Scott Serfling, 06-1613. Scott Serfling and co-defendant Mary Capri engaged in a scheme to defraud Western United Life Assurance Company ("WULA") of nearly $12 million by procuring a loan through repeated false representations.
Capri pleaded guilty, and a jury found Serfling guilty of two counts of wire...
Guidelines Sentence Presumption of Reasonableness Not Allowed
USA v. William Ross III, 07-1215. William Ross challenges his 78-month sentence for his role in a conspiracy to possess and distribute cocaine and marijuana. See 21 U.S.C. §§ 846, 841(a)(1). Because it appears from the record that the district court improperly applied a presumption of reasonableness for a within-guidelines sentence, we...