Drug Conspiracy: Buyer/Seller Arrangement Alone is NOT Enough
Drug-distribution conspiracies hold a unique position in our legal sufficiency jurisprudence. In these special cases, we will overturn a conviction when the plausibility of a mere buyer-seller arrangement is the same as the plausibility of a drug-distribution conspiracy. See United States v. Johnson, 592...
Automobile Search and Seizure: Police NOT Allowed to Prolong Traffic Stop to Search for Illegal Contraband
Decided April 21, 2015
Facts:
Officer Struble, a K–9 officer, stopped petitioner Rodriguez for driving on a highway shoulder, a violation of Nebraska law. After...
Rod Blagojevich: Political Logrolling Is Not Illegal
DECIDED JULY 21, 2015
EASTERBROOK, Circuit Judge. Rod Blagojevich was convicted of 18 crimes after two jury trials. The crimes include attempted extortion from campaign contributors, corrupt solicitation of funds, wire fraud, and lying to federal investigators. The first...
“Deliberate Indifference” Instruction and/or the “Ostrich Instruction” – Boilerplate Rules
POSNER, Circuit Judge.
The defendant was convicted of conspiring to distribute at least five kilograms of cocaine, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2, and of conducting an unlicensed money-transmitting business in violation of...
“Deliberate Indifference” Instruction and/or the “Ostrich Instruction” – Boilerplate Rules
POSNER, Circuit Judge.
The defendant was convicted of conspiring to distribute at least five kilograms of cocaine, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2, and of conducting an unlicensed money-transmitting business in violation of...
Brief Filed in 7th Circuit Court of Appeals: USSG 2D1.1(b)(12)
On June 15, 2015, Chicago Federal Criminal Defense Attorney Michael J. Petro filed his brief in the 7th Circuit Court of Appeals on behalf of Acasio Sanchez. USA v. Acasio Sanchez, No. 15-1356. Mr. Petro represented Mr. Sanchez in the District Court. At issue is the “stash house” enhancement to United States...
Brief Filed in 7th Circuit Court of Appeals: USSG 2D1.1(b)(12)
On June 15, 2015, Chicago Federal Criminal Defense Attorney Michael J. Petro filed his brief in the 7th Circuit Court of Appeals on behalf of Acasio Sanchez. USA v. Acasio Sanchez, No. 15-1356. Mr. Petro represented Mr. Sanchez in the District Court. At issue is the “stash house” enhancement to United States...
Winning Ugly: Persistence Leads to Not Guilty
Winning! After seven court dates, three legal briefs and four different Judges, the “system” finally gave up and granted my Motion for Judgment for Acquittal. Congratulations Mr. Peete! #persistancewins
By: Chicago Criminal Defense Lawyer Michael J. Petro
Nicolas Gomez Gets His Federal Sentence Reduced!
Chicago Federal Criminal Defense Attorney Michael J. Petro filed a Motion in Chicago on behalf of Nicolas Gomez to Reduce his Federal Sentence. On April 23, 2015, Federal District Court Judge Gary Feinerman reduced Nicolas Gomez’s sentence from 84 months to 67 months. Congratulations Nicolas!
By: Chicago Federal Criminal Defense...
The 7th Circuit Is Not Happy With a Prison Sentence For Marijuana Use
In 2009 the defendant was sentenced to 24 months in prison, to be followed by 3 years of supervised release, for being a felon in possession of a gun.
In October 2013 and in April 2014 his probation officer...