Entrapment: Presence of Several Inducement Plus Factors Leads to REVERSAL

US v. James Barta.  No. 13-3208.

Defendant James Barta has appealed his conviction for conspiracy to commit bribery. He was charged and convicted based on an undercover government sting operation that evolved into an agreement among Barta and his co-defendants to bribe a fictional county official in California...

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Drug Conspiracy: Buyer/Seller Arrangement Alone is NOT Enough

US v. Herberto Pulgar,  No. 14-3503 .

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...

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Automobile Search and Seizure: Police NOT Allowed to Prolong Traffic Stop to Search for Illegal Contraband

SUPREME COURT OF THE UNITED STATES RODRIGUEZ v. UNITED STATES,   No. 13-9972.

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...

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“Deliberate Indifference” Instruction and/or the “Ostrich Instruction” – Boilerplate Rules

UNITED STATES V. MACIAS, No. 13-2166

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...

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“Deliberate Indifference” Instruction and/or the “Ostrich Instruction” – Boilerplate Rules

UNITED STATES V. MACIAS, No. 13-2166

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...

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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