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.
Police Need Probable Cause to Execute an Arrest Warrant in Third Parties Home
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. ERIC JACKSON, DEFENDANT-APPELLANT. No. 08-2295.
Eric Jackson was sentenced to a 96 month term of imprisonment for possession of a firearm by a previously-convicted felon.
I. BACKGROUND
Eric Jackson was arrested by the Winnebago County Sheriff's Department...
Crimes of Violence and USSG Career Offender Re-defined Post Begay v. United States
United States v. Evans, No. 08-2424 (7th Cir. 08/13/2009).
(Editor's Note. The 7th Circuit has recently remanded a number of cases similar to this one regarding whether specific crimes were crimes of violence for the purposes of the career offender enhancement. The analysis in those cases is similar to...
District Judge Must Recuse Self If a Reasonable Well-Informed Observer Could Question the Judge’s Impartiality
In re United States, No. 09-2264 (7th Cir. 07/10/2009).
The United States ("the Government") has filed this petition for a writ of mandamus seeking the recusal of the respondent district judge currently presiding over a criminal action pending in the United States District Court for the Eastern District of...
Drug Experts and Interpreting Words in Recorded Conversations: Boilerplate Rules and Analysis
United States v. York, No. 07-2032 (7th Cir. 07/15/2009)
As Darvell York spoke to Tracy Mitchell about selling him "nine probably hard," law enforcement was listening. Agents had set up a sting to buy nine ounces of crack cocaine from York, and Mitchell was their informant. At York's trial,...