Blog

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...

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...

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...

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.

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...

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...

USA v. Ronald Valle, 03-3293 & 03-3294,  Valle was sentenced to 163 months’ imprisonment for bank robbery and for violation of his supervised release. After the district court departs upward from the guidelines, Valle appeals his sentence. The 7th Circuit affirms the upward departure.

In upholding the departure, the...

USA v. Rea-Beltran, 04-2305.  Upon being charged with illegal re-entry, see 8 U.S.C. § 1326, and use of a false passport, see 18 U.S.C. § 1546(a), Rea-Beltran entered into a plea agreement with the Government, which was presented to the district court. However, the district court, unsatisfied that Mr. Rea-Beltran had established a...

USA v. Drake, 04-4240.  A jury found James Drake guilty of possession of a firearm by a felon, 18 U.S.C. § 922(g)(1).  Drake appeals arguing that the gun should have been suppressed. 

Drake’s case involves a 911 call which leads to a traffic stop and the finding of the gun...

USA v. Tony Warren, 05-2791.  Tony Warren was convicted of various charges related to a fraudulent check scheme. What makes Warren’s convictions unusual is his insistence that the fraud was authorized by the United States Secret Service. Warren stipulated that he sent several altered checks purportedly made out to "A&B Electrical" to an...