Brady Violation By USA: Evidence Must Be Material and Have Potential to Change Verdict

USA v. Daryl L. Wilson, Stevie Thomas, Donnell L. Cohn, Sammy Armstead, and Tyree Collins.  04-1594.  This multi-defendant criminal appeal concerns a drug conspiracy at a public housing complex in Chicago. The five defendants were members of the Gangster Disciples ("GD") street gang, which organized all drug sales at a building at...

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When Does “Transportation” Begin in a Prosecution Under the Federal Kidnapping Act

USA v. Mike Singh and Paul Busara, Nos. 05-4509 & 05-4575.  The intriguing issue in this case is when does "transportation" begin in a prosecution under the Federal Kidnapping Act, 18 U.S.C. § 1201(a). A jury found Singh guilty on all three counts and Busara entered a guilty plea to counts 2...

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Government’s Failure to Call C/I Does Not Lead to Missing Witness Instruction

USA v. Clarence Hendrix, 05-3644.   A jury convicted defendant Clarence Hendrix one count of distributing at least fifty grams of crack cocaine.  The district court sentenced Hendrix to 240 months of imprisonment, a mandatory minimum based on his prior felony drug conviction. 

The conviction arose out of a drug transaction...

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Loss Calculation is Clearly Erroneous

U.S. v. Krishnaswami Sriram 05-2752.  The defendant, a cardiologist who had billed Medicare some $17 million over a five-year period, pleaded guilty to health care fraud and tax fraud. The defendant admitted having received "substantial payments" for fraudulent claims (estimated in the presentence investigation report to be between $5 and $10 million) submitted...

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Second 2255 Motion Requires Permission From Court of Appeals Before Filing

USA v. John L. Carraway, 06-3226.  Defendant-Appellant John L. Carraway appeals pro se from the district court’s decision to dismiss, for want of jurisdiction, his post-judgment motion seeking relief from his conviction and sentence and the denial of his request for reconsideration.

Thirteen years ago, a jury convicted Carraway of...

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Defendant Acquited of Conspiracy Charge – USA Not Allowed to Use Conspiracy Drug Amounts at Sentencing

USA v. Alfred McGowan, 06-1546.  Alfred McGowan appeals the 132-month sentence he received following his conviction for two counts of distributing cocaine. The two counts involved small, controlled-buy sales of cocaine to a woman named Christine Beu. The first sale, involving 7.2 grams, was on February 3, 2003. The second, which involved 4.9...

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Pinkerton Reasonable Foreseeable Analysis Not Applicable to Use of Minor Enhancement

USA v. Spring L. Acosta,  05-3598 & 3661.  This appeal requires the 7th Circuit to consider the extent to which a member of a conspiracy can be held liable under the United States Sentencing Guidelines for the use of a minor where there is no evidence that the defendant personally directed or encouraged...

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