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

Trial Exhibits In the Jury Room: Boilerplate Rules

United States v. Loughry No.13-1385.    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 began looking into the activities…

USSG 2X1.1 Incomplete Conspiracy Reduction – Boilerplate Rules

United States v. Dosen No. 13-2223. 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 18 U.S.C. § 924(c)(1)(A). The plan…

USSG 2B1.1 Number of Victims – Bank and Account Holders Are Both Victims

USA V. ROBERT LOFFREDI.  NO. 12-1124.    Robert Loffredi appeals his sentence of 78 months’ imprisonment for mail fraud, 18 U.S.C. § 1341. He challenges only the district court’s imposition of a two-level upward adjustment for an offense involving ten or more victims. See U.S.S.G. § 2B1.1(b)(2) (A)(i).    Loffredi owned and operated a securities brokerage firm…

Speedy Trial Act: “Ends of Justice” Continuances Require Court to Balance Interests of Public and Defendant

United States v. Azureeiah O’Connor, No. 09-2476 Azureeiah O’Connor was convicted by a jury of wire fraud and appeals her conviction on multiple grounds. She focuses first on the 1,229-day delay between the date the last of her codefendants was arraigned and the start of her trial, a delay that she contends violated the Speedy…

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…

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.       A jury found Nicolas Gomez guilty of four drug-related crimes following a five-day jury trial. Mr. Gomez…