Automobile Exception Saves Non-Consensual Search
USA v. Brian L. Hines, 005-2542. A bank fraud case. At the time of defendant’s arrest by warrant, agent’s see a hatchet in def’s vehicle. Agent’s ask def for consent to search. Def denies permission until agent states that he will impound the car and conduct inventory search of vehicle. Def consents to...
Bank Fraud and Tax Fraud Loss Calculation Not Grouped
USA v. Michael J. Brisson, 05-1540. Brisson commits tax fraud and bank fraud by purchasing a property with phony documents. The plea agreement consolidated the counts together using USSG 2B1.1 loss table to calculate the sentence.
The district court disagreed and calculated the tax and bank fraud separately to give...
Boilerplate Rules for Relevant Conduct Calculation in Drug Cases
USA v. Raul and Paqul Romero, 05-3294 and 05-3681. A grand jury in the returned an 18-count superseding indictment charging narcotics violations against seven individuals including Raul and Ricardo Romero. The government alleged that Raul Romero was a drug dealer in the organization while Ricardo Romero was a drug courier.
Sophisticated Means Explained
USA v. James Fife and Karen Krahn, 06-2037, 06-2038 & 06-2175. James Fife pled guilty to four counts of willfully making and subscribing a false income tax return in violation of 26 U.S.C. § 7206(1). Karen Krahn, Fife’s wife, pled guilty to one count of willfully aiding and assisting in the preparation and...
Absent Timely Objection Improper Closing Argument By AUSA Not Enough to Reverse Conviciton
USA v. Matthew Hale, 05-1922. Mathew Hale, aka Pontificus Maximus, represents himself on appeal on his way to having his 40 year sentence affirmed. He starts out with a sufficiency of evidence argument. As the court stated, the hurdle on this argument is often "insurmountable." As a starting point the court concludes...
Residential Burglary is Crime of Violence for Career Offender, Illinois Unlawful Possession of a Knife Conviciton is Violent Felony for ACCA
USA v. Jerome Kindle, 05-2741. Kindle appeals the district courts finding that he is a career offender and that burglary is a crime of violence. "Career offender" and "Crime of Violence" are findings of law and are reviewed de novo by the 7th Circuit.
Here, Kindle admits that his...
Sixth Amendment Right to Confrontation Does Not Apply to 911 Call Tape, Requirements for Supplemental Jury Instructions
USA v. Randell Thomas, 04-2063. Thomas appeals his felon in possession of ammunition conviction, 18 USC 922 (g)(1). At trial, the government played a 911 call Thomas argues that the playing of the 911 tape violated his Sixth Amendment right to confrontation.
The Sixth Amendment right to confrontation only applies...
Part of Gun Manufactured Outside of Illinois Enough to Meet Interstate Commerce, Illinois Aggravated Battery Conviction Not Always a Violent Crime for ACCA
USA v. James Humphries, 05-3172. James Humphreys was convicted after a jury trial of possession of a firearm by a felon. See 18 U.S.C. § 922(g)(1). The district court found that he had three prior felony convictions for violent crimes and sentenced him to fifteen and one half years’ imprisonment under the Armed...
Failing to Report to BOP is a Continuing Offense for Statute of Limitations Calculation
US v. Alfred Elliot, 05-4623. While he was a partner at Schiff, Hardin & Waite in Chicago, Alfred Elliott used client’s confidential information for his own benefit in securities transactions. Eventually, in 1989, he was convicted on 70 counts of securities fraud, mail fraud, tax evasion, and operating a racketeering enterprise. His...
Sentecing Manipulation by Agents Not a Defense in 7th Circuit
United States v. Eric Wagner, 06-1644. Eric Wagner was charged with eight counts of selling a firearm to a convicted felon in violation of 18 U.S.C. § 922(d)(1) and eight counts of distributing marijuana in violation of 21 U.S.C. § 841(a)(1). On October 20, 2005, Wagner pleaded guilty to one count of...