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

Search and Seizure: Subsequent Frisk After Terry Pat Down Violates 4th Amendment

United States v. Andre Williams,   No. 12-3864.   On the night of March 21, 2012, City of Fitchburg police officers responded to an anonymous 911 call reporting a group of twenty-five individuals acting loudly and displaying hand guns in a parking lot. Upon arriving at the scene, the officers observed something different: a smaller group of individuals, […]

Missing Witness Instruction: Only Allowed Where Defendant Deprived of Favorable Testimony

USA v. Michael Wright     No. 12-3425     Michael Wright was convicted of cocaine distribution and sentenced to 150 months’ imprisonment. At trial, the informant did not testify, but the government presented evidence of conversations in which Wright, in response to the informant’s inquiries, admitted to stocking up drugs for sale. On appeal,  Wright argues that the district […]

BOP Enacts New Compassionate Release Reduction in Sentence Guidelines

Compassionate Release/Reduction in Sentence (“RIS”): Procedures for Implementation of 18 U.S.C. §§ 3582(c)(1)(A) and 4205(g) A motion for a modification of a sentence will be made to the sentencing court only in particularly extraordinary or compelling circumstances that could not reasonably have been foreseen by the court at the time of sentencing. REQUESTS BASED ON […]

USSG 3C1.1 OBSTRUCTION OF JUSTICE ENHANCEMENT: Requires False Testimony, Materiality and Willful Intent By Defendant

USA v. Ruby Parker, No. 12-1991. Ruby Parker, a former teller at LaSalle Bank, N.A., in Chicago, Illinois, was charged with and convicted of three counts of bank fraud, 18 U.S.C. § 1344, and one count of embezzlement by a bank employee, 18 U.S.C. § 656. She was sentenced to 30 months’ imprisonment. Parker now […]

FRE 901: Boilerplate Foundational Requirements for Tape Recordings.

USA v. Ron Collins,  No.  11-3098  .    Ron "Ron Ron" Collins participated in a drug-distribution conspiracy stretching from Mexico to Milwaukee that involved mass amounts of cocaine. For his role, Collins was found guilty of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. […]

FRE 404(b): Hamilton Dissent Explains Proper District Court FRE 404(b) Analysis

United States v. Nicolas Gomez,  No. 12-1104.    Editor's Note.  Chicago Criminal Defense Attorney represented Mr. Gomez at trial and on appeal.  Mr. Gomez's case is currently pending a Petition for Rehearing En Banc in the 7th Circuit Court of Appeals.  mjpetro      A jury found Nicolas Gomez guilty of four drug-related crimes following a five-day jury trial. Mr. Gomez was sentenced to […]

FRCP 32: U. S. Probation Officer’s Confidential Recommendation to the District Court Passes Constitutional Scrutiny

United States v. Ollie Peterson, No. 12-2484. Defendant Ollie Peterson pled guilty to one count of bank robbery in violation of 18 U.S.C. § 2113(a) after robbing a bank to pay off a debt with a drug dealer. During Peterson’s sentencing hearing, the district court read from a portion of the probation officer’s confidential sentencing […]

4th Amendment Terry Stop and Frisk Explained. Boilerplate Analysis

USA v. Raphael W. Patton,  No,. 11-2659.       After a Ruger nine-millimeter pistol was discovered in the waistband of his pants in the course of a stop and frisk, Robert W. Patton was charged with being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). Patton moved to suppress evidence relating to the gun, contending that […]

Judge Posner Weighs In on the Costs and Benefits of Long Prison Sentences

USA v. David Michael Craig, No. 12-1262.        PER CURIAM The defendant pleaded guilty to four counts of producing child pornography. 18 U.S.C. § 2251(a).    Because his total offense level was 43, his guidelines sentence for each count was life. U.S.S.G. ch. 5, pt. A (Sentencing Table). But the judge could not impose that sentence because […]

FRCP 8 and 14 Joinder of Offenses: Bolierplate Rules

US v. Jeffery Carter et al, No. 11-3608. KANNE, Circuit Judge. As Darrick and Geraldine Anderson were returning home from a birthday party, two men—Jeffery Carter and Kentrell Willis—appeared and robbed the couple at gunpoint. Carter and Willis made off with the couple’s vehicle and their belongings, but, unbeknownst to them, one of the cell […]