Mere Presence and Conpiracy: Boilerplate Rules.
USA v. Anthony Gilmer and Jamar Bailey,06-3201 & 06- 3250. Anthony Gilmer and Jamar Bailey were indicted on two counts of conspiracy and drug possession charges in March 2005. Following a bench trial, the district court found Gilmer and Bailey guilty and sentenced them to 57 months’ and 100 months’ imprisonment respectively.
7th Circuit Court of Appeals Explains Appellate Rule 35 and 40 Petitions for Rehearings:
Easley v. Reuss, 06-1646, ON PETITION FOR REHEARING.
In her petition for rehearing with suggestion for rehearing en banc, Ms. Easley requests that this court revisit its prior decision.
We decline to do so, but we take this opportunity to explain our denial of further review in...
Two Obstruction-of-Justice Enhancements for Two Separate Incidents of Perjury Not Allowed
On December 19, 2000, a shipment of 1300 Sony digital cameras disappeared from O'Hare International Airport soon after arriving on an American Airlines flight from Japan. An investigation resulted in confessions from two American Airlines employees-defendants Hugh Willis and...
Drug Quantity and Relevant Conduct: USPO’s Version Rejected
Rodrigo Soto-Piedra and Miguel Hernandez pleaded guilty to conspiracy to distribute cocaine. Neither stipulated to a precise drug quantity when pleading guilty, and each now challenges his sentence.
Soto contends that the district court exaggerated the drug quantity...
Boilerplate Rules For District Court Dealing With Difficult Defendant With Appointed Counsel
United States of America v. Michael Alden, No. 07-1709.
Defendant-Appellant Michael Alden was convicted of conspiring to manufacture, to possess with the intent to distribute and to distribute in excess of 500 grams of methamphetamine. Alden appeals various rulings made by the district court, as well as his sentence....
Crack Cocaine Determinaton: “Undeniably Thin” But Affirmed
USA v.FELIPE PADILLA, No. 06-4370. Felipe Padilla pleaded guilty to one count of knowingly distributing 121.3 grams of a substance containing cocaine base, in violation of 21 U.S.C. § 841(a)(1). After finding that the substance in question was cocaine base in the form of crack, the district court sentenced Padilla to 327 months'...
On Restitution: No Longer Error For District Court Not to Set a Payment Schedule
USA v. Michael E. Sawyer, Patrick Duncan, and Terrell Rogers, Nos. 06-1275, 06-1614 & 06-4030. In each of these appeals, the sole argument is that the district court committed plain error by not specifying an installment plan for the payment of restitution.
In one of the three cases the district...
On Restitutuion: Beyond a Reasonable Doubt Not Required
USA v. VERNON BONNER AND MARIA MAGANA-BONNER, 06-3350.The defendants challenge various aspects of restitution payments they are required to make under the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. § 3663A. In particular, the defendants claim that restitution under the MVRA is a criminal punishment and that the facts underlying the restitution...
Honest Services Fraud Explained
USA v. Robert Sorich, 06-4251. Despite the existence of a federal consent decree and other measures that for decades have sought to bring more transparency and legitimacy to the City of Chicago’s civil service hiring, patronage appointments have continued to flourish. The centerpiece of this appeal is a challenge to the government’s theory...
Narcotics Police Officer Not an Expert Under FRE 702
USA v. TAOFIQ AFONJA, 06-3347. Michael Sanders arrived in the United States from Nigeria with 3.6 kilograms of heroin in his luggage. When caught, he claimed to be a courier with no interest in the drugs apart from a $3,000 fee for his services; he agreed to participate in a controlled delivery to...