Jury Deliberation Allegations of Juror Misconduct – USA Has Burden to Overcome Presumption of Prejudice to Defendant

USA v. Felix Vasquez-Ruiz, 06-2180.  Felix Vasquez-Ruiz ostensibly practiced medicine in the Chicago area. In reality, he was bilking insurance companies by ordering a multitude of unnecessary tests for patients who visited his clinic. Eventually he was caught and tried on multiple counts of mail and healthcare fraud.

Nine days...

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Sentencing Disparity. OK For More Culpable Co-Defendant To Get Lower Sentence

USA v. Scott Serfling,  06-1613.  Scott Serfling and co-defendant Mary Capri engaged in a scheme to defraud Western United Life Assurance Company ("WULA") of nearly $12 million by procuring a loan through repeated false representations.

Capri pleaded guilty, and a jury found Serfling guilty of two counts of wire...

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Guidelines Sentence Presumption of Reasonableness Not Allowed

USA v. William Ross III, 07-1215.  William Ross challenges his 78-month sentence for his role in a conspiracy to possess and distribute cocaine and marijuana. See 21 U.S.C. §§ 846, 841(a)(1). Because it appears from the record that the district court improperly applied a presumption of reasonableness for a within-guidelines sentence, we...

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Depite No Counsel At Prior Plea, Criminal History Points OK

USA v. Josue L. Feliciano, 06-3423.  Josue Feliciano’s appeal focuses on the district court’s reliance for purposes of a federal sentence on an earlier misdemeanor conviction he received in Florida, in a case where he proceeded without counsel.

Feliciano was before the federal court on charges of distributing methamphetamine in...

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Phone Tap Surveillance – Have Other Investigative Procedures Been Exhausted?

USA v. Victor Goodwin, et al., 06-3057.  A jury convicted Victor Goodwin, Leo Brown, Jr., Timothy Doerr, and Jermal Phillips of multiple counts of drug trafficking and other related offenses stemming from a multi-state conspiracy. Following their convictions, the four defendants filed a consolidated appeal challenging various aspects of their respective convictions...

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Drug Conspiracy – Boilerplate Rules Regarding Sufficiency and Variance

USA v.MIGUEL BUSTAMANTE, RAPHAEL PENA, ABRAHAM ESTREMERA AND STEVE LISCANO, Nos. 03-3388, 04-1469, 05-4798 & 05-4799.  On November 20, 2002, a grand jury indicted Miguel Bustamante, Raphael Pena, Abraham Estremera, and Steve Liscano for a number of crimes related to a drug conspiracy in Aurora, Illinois.

For the following reasons,...

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