Automobile Search and Seizure: Police NOT Allowed to Prolong Traffic Stop to Search for Illegal Contraband
SUPREME COURT OF THE UNITED STATES RODRIGUEZ v. UNITED STATES, No. 13-9972. Decided April 21, 2015 Facts: Officer Struble, a K–9 officer, stopped petitioner Rodriguez for driving on a highway shoulder, a violation of Nebraska law. After Struble attended to everything relating to the stop, including checking the driver’s licenses of Rodriguez and his passenger and issuing a warning for the traffic offense, he asked Rodriguez for permission to walk his dog around the vehicle. When Rodriguez refused, Struble detained …
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UNITED STATES OF AMERICA v. ROD BLAGOJEVICH, No. 11‑3853 DECIDED JULY 21, 2015 EASTERBROOK, Circuit Judge. Rod Blagojevich was convicted of 18 crimes after two jury trials. The crimes include attempted extortion from campaign contributors, corrupt solicitation of funds, wire fraud, and lying to federal investigators. The first trial ended with a conviction on the false statement count and a mistrial on the others after the jury could not agree. The second trial produced convictions on 17 additional counts.
UNITED STATES V. MACIAS, No. 13-2166 POSNER, Circuit Judge. The defendant was convicted of conspiring to distribute at least five kilograms of cocaine, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2, and of conducting an unlicensed money-transmitting business in violation of 18 U.S.C. § 1960. He was sentenced to 300 months (25 years) for the conspiracy offense and 60 months (5 years), to run concurrently with the conspiracy sentence, for the money-transmitting offense.
On June 15, 2015, Chicago Federal Criminal Defense Attorney Michael J. Petro filed his brief in the 7th Circuit Court of Appeals on behalf of Acasio Sanchez. USA v. Acasio Sanchez, No. 15-1356. Mr. Petro represented Mr. Sanchez in the District Court. At issue is the “stash house” enhancement to United States Sentencing Guidelines’ Section 2D1.1(b)(12). The Government’s has until July 6, 2015 to reply. By: Chicago Federal Criminal Defense Attorney Michael J. Petro
Winning! After seven court dates, three legal briefs and four different Judges, the “system” finally gave up and granted my Motion for Judgment for Acquittal. Congratulations Mr. Peete! #persistancewins By: Chicago Criminal Defense Lawyer Michael J. Petro
ACCURATE AS OF FEBRUARY 20, 2015 Possession of Methamphetamine’s Weight Statute Class Time 0-5 grams 720 ILCS 646/60(b)(1) Class 3 2-5 years 5-15 grams 720 ILCS 646/60(b)(2) Class 2 3-7 years 15-100 grams 720 ILCS 646/60(b)(3) Class 1 4-15 years 100-400 grams 720 ILCS 646/60(b)(4) Class X 6-30 years 400-900 grams 720 ILCS 646/60(b)(5) Class X 8-40 years 900+ 720 ILCS 646/60(b)(6) Class X 10-50 years Possession of Methamphetamines with Intent to Deliver 0-5 grams 720 ILCS 646/55(a)(2)(A) Class 2 …
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United States v. Townsend. No. 13-2677. Background. Louis Townsend pleaded guilty to possessing a firearm as a felon and was sentenced to 71 months in prison. He challenges his sentence on several grounds, but the government questions whether the appeal is timely. Townsend’s deadline for filing a notice of appeal was July 22, 2013. On July 17 he filed a motion titled “Defendant Louis Townsend’s Motion to Reconsider His Sentence.”
USA v. Thomas Hawkins and John W. Racasi, No. 14-1892 & 14-1908.Thomas Hawkins and John Racasi were employed as analysts on the staff of Larry Rogers, a member of the Cook County Board of Review, when they accepted money from Ali Haleem, a corrupt Chicago police officer acting as an undercover agent. The Board of Review hears complaints by property owners who believe that the assessed valuation (which affects real-estate taxes) is excessive. Haleem paid Hawkins and Racasi to arrange …
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United States v. Thompson, et al., No. 14-1316 In considering four consolidated cases, the Court of Appeals held that district court’s must consider the § 3553(a) factors when imposing all non-mandatory conditions of supervised release, including standard conditions of supervised release. Supervised release, in contrast to parole, consists of restrictions, imposed by the judge at sentencing, called conditions or terms of supervised release, that are to take effect when the defendant is released from prison and continue for a specified …
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Success at Dirksen Building. Chicago Criminal Defense Attorney Michael J. Petro fought tooth and nail against the government’s Petition for Preliminary Order of Forfeiture. The petition sought proceeds and specific property including substitute assets. The Judge listened to Mr. Petro’s arguments and dismissed the government’s petition. Savings to client $550K! By Chicago Federal Criminal Defense Attorney Michael J. Petro