The Lawyer Made Me Do It Is Not A Defense
USA V. James P. Roti, 06-3192. Saddled with a judgment for more than $400,000 on account of a guarantee of his small corporation’s debts, James Roti decided to hide his assets from creditors. He has been convicted of bankruptcy fraud, see 18 U.S.C. §157, and concealing assets from the bankruptcy trustee, see 18...
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...
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...
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...
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...
Armed Entry Without a Warrant Held OK, Harmless Error Analysis
USA v. Henry C. Renken, 05-2838. Note: Attorney Michael J. Petro represented Mr. Renken in the District Court and the 7th Circuit Court of Appeals. As such, this is the entire opinion.)
A jury convicted Henry Renken of bank robbery (and using a firearm while committing the robbery)...
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...
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...
Boilerplate Language For Anonymous Tip Search and Seizure
USA v. Michael Lepage, 06-1881. The appellant entered a conditional guilty plea to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He was sentenced to 120 months’ imprisonment. On appeal he challenges the district court’s denial of his motion to suppress the firearm...
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...