The Limits of the First Amendment: White Supremicist’s Indictment Is Legally Sufficient
USA v. William White, 09-2916.
A superseding indictment alleged that William White was the founder and content provider of a website that posted personal information about a juror who served on the Matthew Hale jury, along with postings calling for the use of violence on enemies of white supremacy....
Cocaine Base v. Crack: 7th Circuit Urges Congress for More Technical and Precise Definitions
USA v. Luis Gonzalez, Miguel Ayala, and Fidel Hernandez, 05-3528, 09-1529, 09-1631.
The three defendants pleaded guilty to conspiring to distribute more than 50 grams of mixtures containing cocaine base. Gonzalez and Ayala were sentenced to 120 months in prison and Hernandez to 300 months.
Common...
District Court Failed to Provide Defense Exhibits to Jurors: Boilerplate Rules for Mistrial
USA v. Keith Collins, 09-2360.
A jury convicted appellant Keith Collins of possessing crack cocaine with intent to distribute it and of conspiring to do the same. Collins argues that the district court should have granted a mistrial.
During deliberations, Collins' jury sent a note to...
The Limits of Cross-Examination of a Government Snitch: Boilerplate Rules
United States v. Linzy, No. 09-2046 (7th Cir. 04/27/2010)
On January 29, 2008, a federal grand jury indicted Defendant Aaron Michael Linzy, Sr. and his co-defendant Jarvell Jones with one count of conspiracy to distribute various controlled substances, namely, crack cocaine, methylenedioxy-methamphetamine (ecstasy), and marijuana (Count I), and one...
Burning a Cross in Front Yard of Biracial Family Is Both Threatening and an Act of Intimidation
United States v. Milbourn, No. 08-2525 (7th Cir. 04/07/2010)
Of all the things to burn in some-one's yard, Kyle Milbourn chose a cross. Of all the places to burn that cross, they chose the front yard of a rented house that served as the home for three biracial children.
Kevin Trudeau’s Jail Sentence Vacated. FRCP 42(b) Summary Contempt Procedures Not Appropriate
Kevin Trudeau was before us last year, on appeal from a district judge’s order finding him in contempt of court, fining him nearly $40 million, and barring him from appearing in any infomercials for three years. We found that the district judge properly held him in civil contempt (he had violated the...
18 USC 1959: United States May Prosecute the Murder of a Foreign Citizen in Foreign Country If the Murder Was Planned in the United States
USA v. Julio Leija-Sanchez. (09-2672).
An indictment returned in 2007 alleges that Julio Leija-Sanchez was the kingpin of an organization that produced fraudulent Social Security cards, driver's licenses, green cards, and other documents for aliens living in the United States unlawfully. The prosecutor believes that the organization generated revenues...
Lesbian Sex Offender’s Unreasonable Above Guideline Sentence Vacated
United States v. Miller, No. 09-2791 (7th Cir. 04/13/2010)
Catharine Miller pled guilty to one count of traveling in interstate commerce to engage in prohibited sexual conduct with a fourteen-year- old girl in violation of 18 U.S.C. § 2423(b). At her sentencing hearing, the district court overruled Miller's objections...
Franks Hearing: Negligent Police Affidavit Not Enough For Suppression. Police Affidavit Must Be Reckless and Deceitful
USA v. Larry D. Billian, No. 09-3385.
Larry Billian pleaded guilty to two marijuana offenses and to possessing a firearm in connection with those crimes. His conditional plea reserved the right to appeal from the district court's order denying his motion to suppress evidence seized from his home.
18 USC 3553 Factors at Sentencing: Boilerplate Procedural Rules for District Court’s Sentence
United States v. Pulley, No. 08-3363 (7th Cir. 2010).
Ondray Pulley pleaded guilty to one count of wire fraud related to a scheme to defraud the United Airlines Employees’ Credit Union (UAECU). He was sentenced to 87 months’ imprisonment and ordered to pay restitution. Pulley now appeals, arguing that the...