Criminal Defense Attorney in U.S. Federal & Florida and Illinois Courts

Sentecing Manipulation by Agents Not a Defense in 7th Circuit

United States v. Eric Wagner, 06-1644.  Eric Wagner was charged with eight counts of selling a firearm to a convicted felon in violation of 18 U.S.C. § 922(d)(1) and eight counts of distributing marijuana in violation of 21 U.S.C. § 841(a)(1). On October 20, 2005, Wagner pleaded guilty to one count of selling a firearm…

Failing to Report to BOP is a Continuing Offense for Statute of Limitations Calculation

US v. Alfred Elliot, 05-4623.  While he was a partner at Schiff, Hardin & Waite in Chicago, Alfred Elliott used client’s confidential information for his own benefit in securities transactions. Eventually, in 1989, he was convicted on 70 counts of securities fraud, mail fraud, tax evasion, and operating a racketeering enterprise. His sentence was five…

58 Year Old Man Sentenced to Die in Prison – Not Unreasonable

USA v. Wurzinger. 05-3803. Richard Wurzinger, age fifty-eight, was sentenced to 262 months in prison, the longest sentence within the range indicated by the Sentencing Guidelines for his role at the center of a conspiracy to manufacture methamphetamine. Given his age and his failing health, he will likely die in prison. He appeals his sentence,…

Motion to Suppress Statement Denied – Miranda Not Required Unless Defendant In Custody

Hello everybody. I am Chicago Criminal Defense Attorney Michael J. Petro. To see more about me, visit my web site at www.mjpetro.com. Every week I will be summarizing the latest criminal law cases decided by the 7th Circuit Court of Appeals.  For the full opinions visit the 7th Circuit Court of Appeals Web Site. USA…

Motion to Suppress Defendant’s Presence in US After Illegal Police Search Denied

USA v. Roche-Martinez, 05-4618.  Roche-Martinez pleaded guilty to being in the United States after being deported following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). The police arrested Roche-Martinez in a garage behind his mother’s residence after entering the property without a search or an arrest warrant. Roche-Martinez…

Relevant Conduct Explained – Membership in Latin Kings is Not Enough

USA v. Evarado Avila, 05-1894.  The defendant was indicted along with a number of others for conspiracy to distribute cocaine and marijuana and for possession of marijuana with intent to distribute it.  The judge imposed the statutory maximum of 5 years and the defendant appeals on the ground that the judge misapplied the sentencing guidelines….

Illinois Court Supervision Ruins Safety Valve, Motion to Vacate Guilty Plea Denied

Hello everybody. I am Chicago Criminal Defense Attorney Michael J. Petro. To see more about me, visit my web site at www.mjpetro.com. Every week I will be summarizing the latest criminal law cases decided by the 7th Circuit Court of Appeals.  For the full opinions visit the 7th Circuit Court of Appeals Web Site. USA…

Frank’s Hearing Denial Clear Error

US v. Antone C. Harris,  05-3808.  When a criminal defendant makes a substantial preliminary showing that the warrant to search his property was procured by intentional or reckless misrepresentations in the warrant affidavit, and such statements were necessary to the finding of probable cause, the Fourth Amendment entitles the defendant to a hearing to challenge…

Successive Petitions for 2255, 4th Amendment Motion to Suppress Evidence

Demetrius G. Jackson v. USA, 04-3657.  On July 30, 1999, Demetrius G. Jackson was sentenced 262 months’ imprisonment as a career offender under U.S.S.G. § 4B1.1. Nearly five years later, he succeeded in reducing one of the predicate state convictions for this enhancement from a felony to a misdemeanor. He then brought before the district…