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...
Speedy Trial Act – 18 USC 3161. Boilerplate Rules For Calcualting the 70 days
United States v. Michael Napadow, No. 09-1920 (7th Cir. 02/23/2010)
The district court denied Michael Napadow’s motion to dismiss the indictment for lack of a speedy trial. Mr. Napadow now seeks review of that decision. Because we conclude that the district court was correct, we affirm the judgment.
Deadbeat Parents Punishment Act – 18 USC 228 – Failure to Pay Child Support is a Continuing Offense, Ignorance of This Law is No Excuse and Double Counting
United States v. Bell, 09-2555 (7th Cir. 2010).
In 2008, a grand jury returned a one-count indictment charging Maurice Bell with willful failure to pay child support from February 2000 to June 2007, in violation of the Deadbeat Parents Punishment Act of 1998 (DPPA), 18 U.S.C. § 228(a)(3). Bell moved...
“Innocent Possession” Defense and Jury Instruction Not Recognized in 7th Circuit
United States v. Lee Anton Jackson, 09-2279 (7th Cir. 2010).
On March 9, 2008, police found a gun in a computer case belonging to Defendant Lee Anton Jackson, who had prior felony convictions. A grand jury subsequently returned an indictment charging Defendant Jackson with one count of being a...
FDCPA Allows Government to Collect Restitution From Bookie
United States v. Resnick, 08-4039 (7th Cir. 2010)
This case presents issues arising from the government’s efforts to collect a criminal defendant’s financial obligations to the government from a third party who received money from the insolvent defendant.
Defendant Adam Resnick pled guilty to one count of...