Mandatory Minimum Sentences Do NOT Violate Separation of Powers Doctrine

USA v. Steven J. Nigg, 11-2340.      

Under the Armed Career Criminal Act (“ACCA”), any person convicted of being a felon in possession of a firearm who has “three previous convictions… for a violent felony … committed on occasions different from one another” is subject to a mandatory minimum...

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Gun Charge Reversal: Mere Proximity to Gun Not Enough for Constructive Possession

USA v. Cory L. Griffin,  11-1951.          

A jury convicted Cory Griffin of intentional possession of a firearm and ammunition as a convicted felon in violation of 18 U.S.C. § 922(g)(1). On appeal, Griffin’s principal argument is that the evidence presented at his trial was not sufficient to support his conviction because there...

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4th Amendment Search and Seizure REVERSAL: Police May NOT Legally Stop a Vehicle That Left Site of Suspected Drug Activity

USA v. DANIEL L. BOHMAN  No. 10-3656.   

The question presented in this appeal is whether the police may stop a vehicle only because it emerged from a site uspected of drug activity.  [An informant,] Olmsted met with [Sgt.] Kingsley and told him hat he saw known meth cook...

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Judge Posner Explains Proper Procedure Police Must Use for Photo Array Lineups

USA v. JOHN A. FORD, No. 11-2034.     

EDITOR’S NOTE.  Chicago Criminal Defense Attorney Michael J. Petro represented John A. Ford at his trial. 

A jury convicted the defendant of armed bank robbery, 18 U.S.C. § 2113(a), and the judge sentenced him to the statutory maximum of 240 months, id., in...

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