Search Warrants and the Probable Cause Determination – Boilerplate Rules

US v. Roger Aleshire, No. 15-1192. After a sleepover at the house of Roger Aleshire, a nine-year-old girl reported to her mother having a “dream” that Aleshire had pulled down her pajama bottoms and photographed her “privates”. Her mother called the police.  A state judge issued a search warrant. After executing that warrant the police found child pornography, which Aleshire had created. He pleaded guilty to violating 18 U.S.C. § 2251. His sentence, which he does not contest, is 300 …
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Posted in 7th Circuit Criminal Law Alert

U.S.S.G. Section 3C1.1 Obstruction of Justice – 7th Circuit Brief Filed

PRESS RELEASE (Chicago).  On December 9, 2015 Chicago Federal Defense Attorney Michael J. Petro filed a brief in the 7th Circuit Court of Appeals on behalf of his client Charles Thomas. US v. Charles Thomas, 15-1142.  In sum, Mr. Thomas states that the district court erred in applying the United States Sentencing Guidelines Section 3C1.1 Obstruction of Justice enhancement.  Specifically, Mr. Thomas states that he should not have received a higher sentence for having co-defendant Domingo Blount testify at his …
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Posted in News, Press Releases

Chicago Police Officer’s Firing Leads to NOT GUILTY

PRESS RELEASE (Chicago).  On December 4, 2015, Chicago Criminal Defense Attorney Michael J. Petro won a trial in a Bridgeview court room.  Before trial, the Cook County State’s Attorneys’ Office was forced to admit that a key Chicago Police Officer witness was fired because the officer was convicted of a crime!  Despite this incredible change of circumstances, the Cook County State’s Attorneys’ Office presented the testimony of one Chicago Police Officer to try and convict Mr. Petro’s client .    On cross-examination of this officer, …
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Posted in News, Press Releases

Illegal Traffic Stop by CPD Leads to Dismissal of Charges

PRESS RELEASE (Chicago).  On December 15, 2015,  Chicago Criminal Defense Attorney Michael J. Petro won a Fourth Amendment Motion to Suppress Evidence in a Chicago courtroom.  At the hearing, Mr. Petro proved that the Chicago Police illegally stopped and search his clients vehicle.   At the hearing, a passenger in the vehicle testified that there was no reason to stop and search his cousin’s car.  On cross examination of the Chicago Police Officer, Mr. Petro was able to prove that the officer’s reason for the stop was not …
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Posted in News, Press Releases

Michael J. Petro Argues in Seventh Circuit Court of Appeals

PRESS RELEASE (Chicago) – On November 18, 2015, Chicago Federal Criminal Defense Attorney Michael J. Petro will argue in the 7th Circuit Court of Appeals.  US v. Acasio Sanchez, 15-1356.  In his brief, Mr. Petro argues that the district court improperly sentenced Mr. Sanchez by applying the “stash house” enhancement in the United States Sentencing Guidelines.  This error as a matter of law requires a new sentencing hearing for Mr. Sanchez. You can here his argument here:  Acasio Sanchez Oral Argument

Posted in Press Releases

Chicago Criminal Defense Attorney Michael J. Petro Successfully Suppresses Evidence

On November 21, 2015, Chicago criminal defense attorney Michael J. Petro successfully suppressed the admission of a gun in a Chicago courtroom.  Mr. Petro presented one witness and cross examined a ten year veteran Chicago Police Officer.  Mr. Petro expects this will lead to the dismissal of all eight criminal charges by the Cook County State’s Attorneys’ Office.  Mr. Petro’s trial skills and keen knowledge of Fourth Amendment search and seizure were critical in persuading the Chicago court to suppress the evidence. BY:  …
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Posted in 7th Circuit Criminal Law Alert, News, Press Releases

Government Breach of Plea Agreement Leads to REVERSAL

USA v. Salvador Guadalupe Navarro, No. 12-2606 Defendant-Appellant Salvador Guadalupe Navarro (“Navarro”) pleaded guilty to and was convicted of one count of conspiracy to possess with intent to distribute more than five kilograms of cocaine. In the plea agreement, the government and Navarro both agreed to refrain from seeking a departure from the sentencing guidelines.  At sentencing, the government argued in favor of an upward departure from the guidelines.  Indeed, the district court departed upward and imposed a sentence of …
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Posted in 7th Circuit Criminal Law Alert

Michael J. Petro argues in the 7th Circuit Court of Appeals on November 17, 2015

PRESS RELEASE (Chicago) – On November 18, 2015, Chicago Federal Criminal Defense Attorney Michael J. Petro will argue in the 7th Circuit Court of Appeals.  US v. Acasio Sanchez, 15-1356.  In his brief, Mr. Petro argues that the district court improperly sentenced Mr. Sanchez by applying the “stash house” enhancement in the United States Sentencing Guidelines.  This error as a matter of law requires a new sentencing hearing for Mr. Sanchez.

Posted in 7th Circuit Criminal Law Alert, News, Press Releases

Search Warrants and the Leon Good Faith Exception: Boilerplate Rules

USA v. Ted L. Pappas.  09-1595. Ted Pappas was indicted for possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). Pappas pleaded not guilty and filed a motion to suppress evidence seized during a search of his home, as well as statements he made during the execution of the search warrant. The district court granted Pappas’s motion to suppress. The government appeals. We reverse. In May 2005, law enforcement officers in California executed a search warrant on Michael Golubski’s …
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Posted in 7th Circuit Criminal Law Alert

FRE 902(11). Boilerplate Rules for Admission of Certified Business Records.

USA v. James Green. 09-3098. The government charged defendant James Green with four counts of wire fraud. His cousin, co-defendant Joseph Green, recruited Green to purchase properties in exchange for cash. Throughout the trial, Green argued that he was a victim of the fraudulent scheme, left holding the bag as the purchaser of properties that were supposed to be rehabilitated but were not. A. Admissibility of Business Records Green appeals the district court’s admission of certain loan documents under Federal …
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Posted in 7th Circuit Criminal Law Alert