58 Year Old Man Sentenced to Die in Prison – Not Unreasonable
USA v. Wurzinger. 05-3803. Richard Wurzinger, age fifty-eight, was sentenced to 262 months in prison, the longest sentence within the range indicated by the Sentencing Guidelines for his role at the center of a conspiracy to manufacture methamphetamine. Given his age and his failing health, he will likely die in prison.
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...
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...
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...
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...
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...
Requirements for Entrapment Instruction
USA v. Anwar Haddad, 05-3086. A jury found Anwar Haddad was guilty of one count of wire fraud and two counts of money laundering, in violation of 18 U.S.C. § 1343 and 18 U.S.C. § 1957. Haddad’s store, R & F Grocery ("R&F"), was authorized to sell certain approved food items for food...
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.
Ex Post Facto – Change in Guidelines Does Not Violate
USA v. Demaree, 05-4213.
The opinion of the court was delivered by: Posner, Circuit Judge.
The only question presented by this criminal appeal is whether a change in the guidelines that expands the guidelines range for a crime is an ex post facto law and...
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...