Pinkerton Reasonable Foreseeable Analysis Not Applicable to Use of Minor Enhancement

USA v. Spring L. Acosta,  05-3598 & 3661.  This appeal requires the 7th Circuit to consider the extent to which a member of a conspiracy can be held liable under the United States Sentencing Guidelines for the use of a minor where there is no evidence that the defendant personally directed or encouraged...

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Good Faith Defense That Defendant Intended To Pay Money Back Not Allowed

USA v. Jacek Radziszewski, 06-1559.   After a seven-day trial, a jury convicted Jacek Radziszewski of committing mail and wire fraud in connection with a scheme to obtain real estate loans through false representations. On appeal, Radziszewski challeges the district court’s exclusion of his proffered goodfaith defense (I stole the money but I...

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Court Not Allowed to Consider Consecutive 924 Sentence in Determining Bank Robbery Sentence

USA v. Gary Roberson,  06-1121.  The defendant, with three accomplices, committed an armed bank robbery, netting $133,000, of which the defendant’s share was $50,000. He was charged with both bank robbery, 18 U.S.C. §§ 2113(a), (d), and using a firearm in a crime of violence (which bank robbery is). 18 U.S.C. § 924(c)(1)(A)....

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Illinois Escape Conviction for Failure to Report to Prison is a Crime of Violence

USA v. Deondry Chambers,  06-2405.  The defendant pleaded guilty to being a felon in possession of a firearm. The judge, finding that the defendant had committed three crimes of violence previously, sentenced him to 188 months as an armed career criminal. 18 U.S.C. § 924(e). The only question presented by the appeal is...

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Alternate Jurors – FRCP 24 Requires Strict Compliance

United States v. Mendoza, No 06-2999.

A jury found José Mendoza guilty of distributing amphetamine in violation of 21 U.S.C. § 841(a)(1).  Mendoza challenges the sufficiency of the government’s evidence against him and the district court’s procedure for identifying alternate jurors.  We affirm.

At the beginning of his trial on...

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Government’s Burden is Preponderance for Sentencing Enhancements

USA v. Morad Abu Sliman, 05-3056. This is an amount of loss opinion. The defendant engaged in a scheme with others involving counterfeit and forged checks.

Held:  The government must prove sentencing enhancements by a preponderance of evidence standard.  Here, the district court determined that the intended fraud amount was...

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