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...
Search and Seizure Traffic Stop by Police: Officers Mistake Regarding Illinois Turn Signal Law Leads to Suppression of Evidence
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...
FRE 701 Opinion Testimony by Lay Witnesses – Boilerplate Rules
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...
Honest Services Fraud – “Value of Benefit Received” Explained
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...
USSG 2B1.1 – Honest Services Fraud “Value of Benefit Received” Explained
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...