Motion to Suppress Statement Denied – Miranda Not Required Unless Defendant In Custody

Hello everybody. I am Chicago Criminal Defense Attorney Michael J. Petro. To see more about me, visit my web site at www.mjpetro.com.

Every week I will be summarizing the latest criminal law cases decided by the 7th Circuit Court of Appeals.  For the full opinions visit the 7th Circuit...

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Motion to Suppress Defendant’s Presence in US After Illegal Police Search Denied

USA v. Roche-Martinez, 05-4618.  Roche-Martinez pleaded guilty to being in the United States after being deported following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2).

The police arrested Roche-Martinez in a garage behind his mother’s residence after entering the property without a...

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Relevant Conduct Explained – Membership in Latin Kings is Not Enough

USA v. Evarado Avila, 05-1894.  The defendant was indicted along with a number of others for conspiracy to distribute cocaine and marijuana and for possession of marijuana with intent to distribute it.  The judge imposed the statutory maximum of 5 years and the defendant appeals on the ground that the judge misapplied...

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Illinois Court Supervision Ruins Safety Valve, Motion to Vacate Guilty Plea Denied

Hello everybody. I am Chicago Criminal Defense Attorney Michael J. Petro. To see more about me, visit my web site at www.mjpetro.com.

Every week I will be summarizing the latest criminal law cases decided by the 7th Circuit Court of Appeals.  For the full opinions visit the 7th Circuit...

Illinois Court Supervision Ruins Safety Valve, Motion to Vacate Guilty Plea Denied Continue reading…

Frank’s Hearing Denial Clear Error

US v. Antone C. Harris,  05-3808.  When a criminal defendant makes a substantial preliminary showing that the warrant to search his property was procured by intentional or reckless misrepresentations in the warrant affidavit, and such statements were necessary to the finding of probable cause, the Fourth Amendment entitles the defendant to a...

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Successive Petitions for 2255, 4th Amendment Motion to Suppress Evidence

Demetrius G. Jackson v. USA, 04-3657.  On July 30, 1999, Demetrius G. Jackson was sentenced 262 months’ imprisonment as a career offender under U.S.S.G. § 4B1.1. Nearly five years later, he succeeded in reducing one of the predicate state convictions for this enhancement from a felony to a misdemeanor.

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Money Laundering is Net Proceeds, Aggravated Assault in Illinois as Enhancement

Effrain Santos v. USA, 04-4221 & 05-2316, This is an appeal by the government of proceedings under 28 U.S.C. § 2255, in which the district court vacated Santos’ money laundering conviction on the basis of 7th Circuit decision in United States v. Scialabba, 282 F.3d 475 (7th Cir. 2002), which defined "proceeds" to mean...

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