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...
USSG 5G1.3. Concurrent Federal Sentence Not Allowed For Completed State Court Sentence
USA V. Hector Cruz. 08-4194 (7th Cir. 02/11/2010).
The opinion of the court was delivered by: Posner, Circuit Judge.
Hector Cruz challenges his 10-year mandatory-minimum sentence for conspiring to sell illegal drugs. 21 U.S.C. § 841(b)(1)(A). He had previously been convicted in an Illinois state court...
District Court’s Arbitrary Decision to Disqualify Attorney Representing Multiple Defendants Requires New Trial
United States v. Turner, 09-1595 (7th Cir. Feb. 2, 2010).
The district court disqualified Roosevelt Turner's retained counsel from representing him in this cocaine-conspiracy case because the attorney was also representing an alleged coconspirator in sentencing proceedings. The question for us is whether this violated Turner's Sixth Amendment right to...
Search Warrants and the Leon Good Faith Exception: Boilerplate Rules
USA v. Ted L. Pappas. 09-1595.
Ted Pappas was indicted for possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). Pappas pleaded not guilty and filed a motion to suppress evidence seized during a search of his home, as well as statements he made during the execution of...
Motions to Suppress Identifications By Witnesses Must Be Filed Before Trial
United States v. Acox, No. 09-1258 (7th Cir. 02/09/2010)
Convicted of bank robbery and sentenced to 65 months' imprisonment, Edwin Acox presents a single appellate argument: that two employees of the bank should not have been allowed to identify him, because they saw a photo array that "was so...
USA v. Vrdolyak and Calculating the Amount of Loss: The Difference Between Sentencing Discretion and Sentencing Error
United States v. Vrdolyak, No. 09-1891 (7th Cir. 01/29/2010)
Edward Vrdolyak pleaded guilty to conspiracy to commit mail and wire fraud and agreed in the plea agreement that the loss intended by his fraud was between $1 million and $2.5 million. He was sentenced to five years of probation,...
Statute of Limitations: Boilerplate Rules For Calculating Time in Scheme to Defraud
United States v. McGowan, No. 08-1384
A jury convicted Brian D. McGowan of eighteen counts of wire fraud, in violation of 18 U.S.C. § 1343, and one count of investment advisor fraud, in violation of 15 U.S.C. §§ 80b-6(2) and 80b-17. He was sentenced to a term of sixty-six...