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...

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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...

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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,...

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FRE 801 (d)(2)(E) and Co-Conspirator Hearsay: District Court’s Failure to Make Explicit Findings on Admissability is Not Error

United States v. David W. Harris, 09-4026.

David Harris appeals his conviction for possession of cocaine with intent to distribute. Harris challenges the district court’s decision to admit testimony against him under Fed. R. Evid. 801(d)(2)(E).

Marc Cannon and Corey Anderson have worked together as drug...

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Criminal Forfeiture and Restitution Allowed in Same Prosecution: Boilerplate Rules

United States v. Venturella, No. 07-3754  (7th Cir. 10/27/2009)

Victoria Biks and Marjorie Venturella pled guilty to one count of mail fraud and agreed to pay a criminal forfeiture money judgment and restitution. They now claim that the forfeiture amount should have been limited to the amount of the mailing...

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2nd Ammendment Post Heller: Valid Gun Possession Laws Must Be Substantially Related to an Important Government Objective

United States v. Steven Skoien, No. 08-3770 (Nov. 18, 2009 7th Cir. 2009)

A grand jury indicted Steven Skoien for possessing a firearm after having been convicted of a misdemeanor crime of domestic violence in violation of 18 U.S.C. § 922(g)(9).

Skoien moved to dismiss the...

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