28 U.S.C. § 455 – Judge’s Failure to Recuse Himself Leads to REVERSAL
Jose Gustavo Herrera-Valdez was prosecuted for illegal reentry after being deported. Before trial, he filed a motion to disqualify the District Court Judge from presiding over his prosecution because the judge served as the District Counsel for the Immigration and Naturalization Service (INS) at...
U.S.S.G. § 2B1.1 Loss Amount: Money Paid Back to Victim Before Fraud Detected NOT Counted
Before running into legal trouble, Christian Peterson, an entrepreneur doing business in Madison, Wisconsin, owned several manufacturing and realestate development firms. He misused corporate finances, frequently making unauthorized intercompany loans and occasionally using corporate funds to pay off his personal gambling debts....
U.S.S.G. § 2B1.1 Loss Amount: Money Paid Back to Victim Before Fraud Detected NOT Counted
Before running into legal trouble, Christian Peterson, an entrepreneur doing business in Madison, Wisconsin, owned several manufacturing and realestate development firms. He misused corporate finances, frequently making unauthorized intercompany loans and occasionally using corporate funds to pay off his personal gambling debts....
Government’s Pretrial Seizure of Defendant’s Untainted Assets NOT Allowed
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...
Government’s Pretrial Seizure of Defendant’s Untainted Assets NOT Allowed
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...
Polling Jury After Verdict: Dissenting Juror Impermissibly Coerced Leads to Reversal
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...
Polling Jury After Verdict: Dissenting Juror Impermissibly Coerced Leads to Reversal
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...
Residential Drug Abuse Program – BOP Changes Make Allow Greater Inmate Participation
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...
Expunging Your Federal Conviction – Rules You Need to Know
(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...
Search and Seizure Traffic Stop – Suspicion of Texting While Driving Is Not Enough. Case Dismissed
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...