After Client’s Written Waiver of Appeal, Lawyer’s Failure to File Notice of Appeal Is Not Ineffective Assistance
Armando Nunez v. USA, 06-1014 (Round 2 in 7th Circuit). Last year we held that by surrendering, as part of a plea bargain, his opportunity to wage a collateral attack on his conviction, Armando Nunez had waived any right to relief based on the theory that his lawyer should have filed a notice...
Counsel’s Faiilure to Notify Client of Rights Under Vienna Convention May Be Ineffective Assistance
Osagiede v. United States, No. 07-1131 (7th Cir. 09/09/2008)
Johnbull K. Osagiede, a Nigerian national, pleaded guilty to one count of heroin distribution and was sentenced to more than eight years in federal prison. Subsequently, he filed a pro se petition for a writ of habeas corpus in the...
Ex-Wife Has Actual and Apparent Authority to Consent to Search of Ex-Husband’s Home
United States v. Ryerson, No. 07-1654 (7th Cir. 09/18/2008)
Defendant Richard Ryerson challenges his conviction and sentence for possessing a machine gun in violation of 18 U.S.C. § 922(o). Ryerson claims the district court improperly denied his motion to suppress the machine gun, which was found in Ryerson's garage...
Anticipatory Search Warrants Are Constitutional
United States v. Whited, No. 07-1015 (7th Cir. 08/25/2008)
Defendant Matthew Whited was charged with possession, receipt, and distribution of child pornography based on evidence gathered in a search of his home pursuant to an anticipatory warrant. Federal agents obtained the warrant after Whited ordered a videotape of child...
Convictions With Mens Rae of Negligence or Recklessness Cannot Serve as Predicate Violent Felony Under Armed Career Criminal Act
United States v. Smith, No. 07-1853 (7th Cir. 09/12/2008)
Steven Smith was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). The district court found that Mr. Smith qualified for an enhanced sentence under the Armed Career Criminal Act,...
Government Is Not Allowed to Use Defendant’s Proffer Protected Statements to Increase Relevant Conduct Drug Amount
U.S. v. Douglas Farmer, James Ellis, Josiah Compton, and Gerald Howliet, Nos. 07-2505, 07-2506, 07-2507 and 07-3313. This is a consolidated appeal from the convictions of four out of fourteen defendants for various offenses stemming from a drug distribution ring in the East St. Louis, Illinois area.
Compton was convicted...
Intricately Related and 404(b) Evidence: Boilerplate Rules.
United States v. Harris, No. 07-2195 (7th Cir. 08/06/2008).
Spencer Harris was convicted after a jury trial on five separate criminal counts: one count of distributing crack cocaine, 21 U.S.C. §§ 841(a)(1), (b)(1)(B), one count of distributing powder cocaine, id. §§ 841(a)(1), (b)(1)(C), one count of possessing crack cocaine...
Speech Alone (Even Obscene Speech) Is Not Substantial Step For Attempt Solicitation
United States v. Gladish, No. 07-2718 (7th Cir. 07/31/2008). A jury convicted the defendant of having violated two federal statutes: 18 U.S.C. § 1470, which prohibits knowingly transferring or attempting to transfer obscene material to a person under 16, and 18 U.S.C. § 2422(b), which forbids knowingly attempting to persuade, induce, entice, or coerce...
Sixth Amendment Right to Speedy Trial – Boillerplate Analysis
USA v. Edgar Arceo, 07-3296. Edgar Arceo and a co-defendant were charged with a conspiracy to possess with intent to distribute and to distribute a controlled substance in violation of 21 U.S.C. § 846. More than six years later Arceo was arrested. He moved to dismiss the indictment based on an alleged violation...
Honest Services Fraud: USSG 2B1.1 Is Right For Embezzlers
USA v. Teresa and Michael Orsburn, 07-2584 & 2585. In 1998 Michael Orsburn was elected Trustee of Keener Township in Jasper County, Indiana. The Trustee administers funds for emergency services and relief of the poor. Michael appointed his wife, Teresa Orsburn, to keep records and write checks.
The Orsburns...