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Government’s Pretrial Seizure of Defendant’s Untainted Assets NOT Allowed

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Government’s Pretrial Seizure of Defendant’s Untainted Assets NOT Allowed

Posted on by Michael J. Petro

Sila Luis v. US,  No. 14-419.  (United States Supreme Court March 30, 2016) A federal statute provides that a court may freeze before trial certain assets belonging to a criminal defendant accused of violations of federal health care or banking laws. See 18 U. S. C. §1345. Those assets include: (1) property “obtained as a result […]

Polling Jury After Verdict: Dissenting Juror Impermissibly Coerced Leads to Reversal.

Posted on by Michael J. Petro

  USA v. LEMUREL E. WILLIAMS, No. 15-1194 Lemurel Williams was convicted of being a felon in possession of a gun.  We agree with Williams’s that a new trial is needed because the totality of the circumstances regarding the jury’s verdict was impermissibly coercive. After three hours of deliberating, the jury returned a guilty verdict, […]

Residential Drug Abuse Program – BOP Changes Make Allow Greater Inmate Participation

Posted on by Michael J. Petro

SUMMARY: The Bureau of Prisons (Bureau) revised the Residential Drug Abuse Treatment Program (RDAP) regulations to allow greater inmate participation in the program and positively impact recidivism rates. DATES: This rule is effective on May 26, 2016. 550.55(b) Inmates not Eligible for Early Release. As an exercise of the Director’s discretion, the following categories of […]

Expunging Your Federal Conviction – Rules You Need to Know

Posted on by Michael J. Petro

U.S. v PFEIFFER, Case No. 04 CR 793, U.S. District Court, N.D. Illinois, Eastern Division. (Editor’s note:  This is a District Court decision NOT 7th Circuit Court of Appeals.) April 7, 2016 In 2007, Brian Pfeiffer pled guilty to possession with intent to distribute a controlled substance, Ecstasy. Pfeiffer now moves to expunge the records […]

Search and Seizure Traffic Stop – Suspicion of Texting While Driving Is Not Enough. Case Dismissed.

Posted on by Michael J. Petro

UNITED STATES OF AMERICA v. PANIAGUA-GARCIA, No. 15-2540 An Indiana statute forbids drivers to use a telecommunications device (a cellphone) to type, transmit, or read a text message or an electronic-mail message, Ind. Code § 9-21-8-59(a). All other uses of cellphones by drivers are allowed.  An Indiana police officer, in the course of passing a car driven by Paniagua-Garcia on […]

Search and Seizure Traffic Stop by Police: Officers Mistake Regarding Illinois Turn Signal Law Leads to Suppression of Evidence

Posted on by Michael J. Petro

UNITED STATES OF AMERICA, v. LESHAWN STANBRIDGE, No. 15-2686. LeShawn Stanbridge appeals his conviction for possession of methamphetamine with intent to distribute, 21 U.S.C. § 841(a)(1). The drugs had been found in Stanbridge’s car after police in Quincy, Illinois, detained him on the ground that he committed a traffic offense by not signaling continuously for 100 feet before pulling alongside the curb […]

FRE 701 Opinion Testimony by Lay Witnesses – Boilerplate Rules

Posted on by Michael J. Petro

United States v. Terry Joe Smith, Nos. 14-3744 & 14-3721.   Terry Joe Smith, a police officer in Putnam County, Indiana (roughly midway between Indianapolis and Terre Haute), was convicted by a jury in federal court of violating 18 U.S.C. § 242 by depriving two persons, under color of state law (which is to say in […]

USSG 2B1.1 – Honest Services Fraud “Value of Benefit Received” Explained

Posted on by Michael J. Petro

United States v. Harper, No. 14-2701.   The defendant pleaded guilty to fraud consisting of her having abused her position as a member of a Chicago public-school board by accepting kickbacks of more than $500,000 from bus companies to which she steered transportation contracts worth $21 million. The parties stipulated that the value of the benefit received from […]

Honest Services Fraud – “Value of Benefit Received” Explained

Posted on by Michael J. Petro

United States v. Harper, No. 14-2701.   The defendant pleaded guilty to fraud consisting of her having abused her position as a member of a Chicago public-school board by accepting kickbacks of more than $500,000 from bus companies to which she steered transportation contracts worth $21 million. The parties stipulated that the value of the benefit received from […]

Eyewitness Identification – Watershed Decision Identifies Fallibility of Eyewitness Identifications

Posted on by Michael J. Petro

People of the State of Illinois v. Eduardo Lerma, No. 118496. Editor’s Note –  This is an Illinois Supreme Court Opinion. The issue is whether, in light of the specific facts and circumstances of this case, the circuit court of Cook County abused its discretion when it denied defendant’s motion to allow expert testimony concerning […]

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