Search and Seizure and the Collective Knowledge Doctrine: Boilerplate Rules
USA v. Aaron Williams. No. 10-1608.
(Editor's Note: The district court judge in this case was the Honorable David H. Coar in Chicago. Judge Coar is retiring next month. His integrity and skill will be greatly missed.)
In July 2008, Chicago police officers pulled over a Suburban...
Crack Cocaine Mandatory Minimum Reductions Under Fair Sentencing Act Do Not Apply Retroactively
USA v. Christopher C. Bell, 09-3908 & 09-3914.
A jury convicted Christopher Bell of distributing more than five grams of cocaine base. See 21 U.S.C. § 841(a)(1). The district court sentenced him to 292 months in prison, revoked his previous term of supervised release, and sentenced him to an...
USSG 5K3.1. District Court’s Can Consider Absense of Fast Track Programs at Sentencing
USA v. JAIME REYES-HERNANDEZ, 091249. USA v. PEDRO SANCHEZ-GONZALEZ, 09-1551.
The Supreme Court's decision in Kimbrough v. United States, 552 U.S. 85 (2007), taken together with other recent cases, has rekindled debate about whether sentencing disparities created by fast-track programs can be considered by district court judges in non-fast-track districts when...
USSG 5G1.3. District Court Has Discretion to Concurrently Run State and Federal Sentences
USA v. Lervon L. Campbell. NO. 09-3527.
On December 29, 2008, Milwaukee police officers executing a search warrant at Campbell's home discovered powder cocaine, crack cocaine, and marijuana, and saw Campbell attempt to throw a gun out of his bedroom window. At the time, Campbell was on supervised release for...
Miranda Warnings: Police Games to Avoid Saying Suspect in Custody Lead to Reversal of Conviction
USA v. Michael S. Slaight. No. 10-1443.
The opinion of the court was delivered by: Posner, Circuit Judge.
The defendant pleaded guilty to receipt and possession of child pornography shipped in interstate or foreign commerce, subject to a right to appeal the denial of his motion...
18 USC 2261 – Interstate Domestic Violence Act. Husband Brutalizing Ex-Wife and Driving Her to Another State Is a Federal Crime
USA v. David Larsen, 08-3088.
On January 31, 2004, David Larsen brutally attacked Teri Jendusa-Nicolai, his ex-wife, when she came to his home in Racine County, Wisconsin, to pick up their two young daughters. The couple had divorced three years earlier after an abusive marriage, and Jendusa-Nicolai had recently...
Ostrich Instruction: Improper Use in Police Sting Case Leads to Reversal Of Conviction
USA v. Mark Ciesiolka, 09-2787.
Mark Ciesiolka was convicted in 2008 of knowingly attempting to persuade, induce, entice and coerce a minor to engage in sexual activity under 18 U.S.C. § 2422(b). His prosecution emanated from a police sting operation, in which an officer, purporting to be a 13-year-old...
Defendant’s Offer to Take Polygraph Test Is Not Admissable
United States v. Dinga, No. 09-2956 (7th Cir. 07/06/2010)
William Dinga bought several firearms in March and April 2008 which attracted the attention of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Because he lied about these purchases, Dinga was charged and convicted of making a false statement to a federal law enforcement...
FRCP 43: Defendant Does Not Have to Be Present at Jury Instruction Conference
USA v. Flavio Perez. 08-2566.
A jury convicted Flavio Perez of two counts of filing false federal income tax returns. The district court sentenced Perez to 33 months' imprisonment. Perez appeals, claiming that the district court violated his right to be present at trial by conducting a jury instruction...
8 USC 1326: The Three Requirements to Vacate a Prior Deportation Order
United States v. Arita-Campos, No. 09-2368 (7th Cir. 06/08/2010)
In September 1993, fourteen-year-old Mario Arita-Campos was apprehended by immigration officials. Because he had entered the United States illegally without inspection, immigration officials determined that he was deportable.
When Arita-Campos subsequently failed to appear at his scheduled deportation hearing in February...