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...
Upward Departures
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...
Rule 11 Plea Colloquy Requirements, Downward Departure Not Reasonable
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...
4th Amendment Anonymous Tip, Career Offender, Restitution
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...
Week Ending August 4, 2006
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...
Week ending July 27, 2006
USA v. Marvin Smith, 04-3581. In 1990, Smith was found guilty at trial of conspiracy to distribute in excess of 5 kilos of cocaine. After trial, Smith was on bond and did not show up for sentencing for 14 years. Smith appeals his 30 year sentence. 7th Circuit affirms Smith’s conviction but remands...
Week ending July 20, 2006
USA v. Karl Bullock, 05-2655. Yikes! Karl Bullock is sentenced to 1200 months for five counts of distributing heroin. The USA dismisses Bullock’s conspiracy count but argues relevant conduct for the conspiracy at sentencing.
In short, the government asks for 30 years for Bullock’s crimes. The district court disagrees and...
Week ending June 30, 2006
No criminal law decisions this week. Have a Happy Holiday!
For more about attorney Michael J. Petro, visit www.mjpetro.com.
Week ending June 22, 2006
USA v. Laura and Bruce Wasz, 05-1463 and 1464. Laura and Larry and their "thieving co-defendants" engage in a scheme to sell stolen goods on E-Bay. Laura and Larry are upset with the District Court’s loss calculation. The District Court’s loss calculation is consistent with the government’s and US Probation. Laura and Larry...
Week ending June 16, 2006
USA v. Spence, 05-1848. Spence appeals his criminal contempt conviction alledging ineffective assistance of counsel on direct appeal. The 7th Circuit does not like inneffective assistance on direct appeal.
In short, Spence was convicted for failing to comply with a court order requiring Spence’s hand writing and fingerprints. Spence’s attorney...