Supervised Release Is Not Mandatory: New Rules Regarding Non Mandatory Conditions
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...
Chicago Federal Defense Attorney Michael J. Petro Success at Dirksen
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!
USSG 2D1.1: Court’s Failure to Explicitly State Drug Quantity Leads to Reversal
Background. Dwayne Garrett was found guilty of possessing with intent to distribute 50 or more grams of crack cocaine and sentenced to 190 months in prison. He appeals both his conviction and sentence.
Garrett was indicted, along with more...
FRE 803 Excited Utterance Exception – Boilerplate Rules
On November 2, 2009, Mario Zuniga was at a bar playing pool with friends when Beatrice Suarez, an ex-girlfriend, entered the bar and slapped him across his face. Zuniga immediately took Suarez out the back door of the bar to an area...
Handy Chart Determines If Driver of Rental Car Has Standing to Contest Search
On August 29, 2012, Walton was a passenger in a rented Chevrolet Suburban driven by his companion, Darrallyn Smoot, when the pair was pulled over on an interstate highway for a traffic stop by a state trooper in...
7th Circuit Announces New Standard for Admitting FRE 404(b) Other Acts Evidence
On August 18, 2014, the 7th Circuit in a 43 page opinion annonced a new standard for admitting FRE 404(b) other acts evidence. The new standard was announced in an en banc opinion in US v. Gomez, 12-1104 (7th Cir. 2014) .
Chicago Federal Criminal Defense Attorney Michael J. Petro represented Gomez at his Motion to...
Police Can Not Search Cell Phone Without a Warrant
Background: In No. 13–132, petitioner Riley was stopped for a traffic violation, which eventually led to his arrest on weapons charges. An officer searching Riley incident to the arrest seized a cell phone from Riley’s pants pocket. The officer accessed information on the...
Police Officer’s Good Faith Mistake of Law is NOT Reasonable Grounds for a Traffic Stop
(Editor’s note: the United States Sureme Court granted cert in Heien v. North Carolina, No. 13-604 on this issue: Whether a police officer’s mistake of law can provide the individualized
suspicion that the Fourth Amendment requires to justify a traffic...
Trial Exhibits In the Jury Room: Boilerplate Rules
BACKGROUND. In 2007, United States Postal Inspection Service (“USPIS”) inspectors discovered that an internet bulletin board site called “the Cache” was providing users with access to images and videos depicting child pornography. After obtaining a search warrant, USPIS inspectors seized the Cache’s contents and...
USSG 2X1.1 Incomplete Conspiracy Reduction – Boilerplate Rules
The defendant pleaded guilty to conspiring to commit a robbery affecting interstate commerce, in violation of the Hobbs Act, 18 U.S.C. § 1951(a), and to carrying firearms during and in relation to a crime of violence (the conspiracy to rob), in violation of...