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...
Rule 30 (d) and the Proper Way to Object to a Jury Instruction
United States v. Xiang Hui Ye, 08-1333.
Xiang Hui Ye was indicted on one count of concealing, harboring, or shielding from detection illegal aliens, and one count of hiring illegal aliens. A jury convicted Ye on both counts, and the district court sentenced him to 33 months' imprisonment.
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...
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...
District Court is Allowed to Consider Placement in Halfway House as a Condition of Supervised Release Violation
United States v. Anderson, 583 F.3d 504 (7th Cir. 2009)
The question whether the district court correctly understood our decision in United States v. Head, 552 F.3d 640 (2009), as precluding its authority to impose, as a condition of supervised release, placement in a halfway house. Ronald Maceri, Kevin Anderson, and Rick Harre each...
USSG 3B1.1 and the Supervisory Role Enhancement. A Seven Point Checklist
United Statesv. Gonzalez-Mendoza, No. 08-3275 (7th Cir. 10/14/2009)
Omar Alejandro Gonzalez-Villa ("Villa") and Jesus N. Gonzalez-Mendoza ("Mendoza") pleaded guilty to conspiring to distribute or possess with intent to distribute heroin and cocaine. The district court sentenced Villa and Mendoza to 142 months' and 130 months' imprisonment, respectively. They appeal...
Plea Agreement Appeal and 2255 Waivers Do Not Affect Crack Redox Motions
United States v. Woods, 581 F.3d 531 (7th Cir. 09/09/2009)
This is a consolidated appeal of the denial of three defendants' motions to modify their sentences pursuant to 18 U.S.C. § 3582(c)(2). All three defendants were indicted, along with others, on multiple charges in a drug trafficking ring and entered...
USSG 2B1.1: Healthcare Fraud and the Right Way to Calculate the Number of Victims
United States v. Sutton, No. 08-3370 (7th Cir. 09/28/2009)
A jury convicted Varnador Sutton of a single count of violating 18 U.S.C. § 1347 (prohibiting health care fraud) for his role in perpetrating a fraudulent scheme to collect money from Indiana Medicaid.
In May 2005, Sutton...
922(g) and ACCA. State Restoration of Civil Rights Means Convictions Do Not Count In Federal Court
Shane Buchmeier v. USA, 06-2958.
The opinion of the court was delivered by: Easterbrook, Chief Judge.
Shane Buchmeier was sentenced as an armed career criminal following four firearms convictions: two for possessing firearms despite a prior felony conviction, 18 U.S.C. §922(g)(1), and two for receiving stolen...
Miranda Warnings Need Not Be Repeated as Result of Break in Interrogation
U.S. v. Anthony D. Edwards, 08-1124.
The Opinion of the court was delivered by: Posner, Circuit Judge
The defendant was convicted by a jury of distributing 5 grams or more of crack and was sentenced to 108 months in prison. His appeal raises several issues.