Traffic Stop Search and Interrogation: Boilerplate Analysis
On November 12, 2009, Jake Richardson III was charged with possession with intent to distribute more than five grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). Before trial, Richardson moved to suppress the narcotics and currency...
USSG 1B1.3 Relevant Conduct Explained
Between November 2003 and at least August 2006, more than two thousand fell victim to the internet fraud scheme in which Salem and Ganescu participated with others. Individuals outside the United States, often based in Romania (the “foreign co-schemers”),...
USSG 2C1.1 Sensitive Position Enhancement Explained
Walter Hill, in his capacity as deputy liquor commissioner for East St. Louis, Illinois, exerted his position and authority to demand bribes, property, and, in at least one instance, sexual favors from liquor license holders.
Extradition: Order Denying Extradition From Foreign Tribunal Is NOT a Basis for Motion to Dismiss Indictment in U.S.
This appeal requires us to consider the collateral estoppel effect, if any, of findings made by foreign courts in extradition proceedings.
Back in May 1998 defendant Kashamu was one of fourteen persons charged in an indictment...
Brady Material: The Difference Between Patent and Latent Exculpatory Evidence Explained
A jury convicted Wynell Gray of Medicaid fraud, 18 U.S.C. § 1347, and conspiracy to defraud the U.S. government and the judge sentenced her to 33 months in prison and ordered her to pay restitution of $846,115 to Indiana...
Bruton and Redactions of Co-defendant Statements at Trial: Boilerplate Rules
(*Editor's Note. Attorney Michael J. Petro represented Braziel at trial and on appeal.)
Alonzo Braziel first became involved in the scheme in 2004 as a buyer applying for mortgage loans at the direction of others. The indictment charged that Braziel...
Vindictive Prosecution: Boilerplate Rules
Gerald Pittman was arrested and indicted on numerous charges of distributing crack cocaine and one charge of unlawful possession of a firearm by a felon. After Pittman pleaded guilty to one of the drug charges and received a sentence that was significantly below...
USSG 3C1.1 Obstruction of Justice Enhancement Applies to Latin King Member That Fled in Fear of His Life
Erick Martinez was affiliated with the Latin Kings street gang throughout an extended period of his youth. During his time with the gang, Martinez sold crack cocaine in the Humboldt Park area of Chicago, activity that led to an arrest...
42 USC 1320a-7b Medicare Fraud: “Primary Motivation” Doctrine Rejected
USA v. Roland Borrasi, 09-4088.
Roland Borrasi, a medical doctor, was convicted of Medicare fraud after he accepted a salary from a hospital in exchange for continually referring patients to the facility, a violation of 42 U.S.C. § 1320a-7b. In this appeal, Borrasi attacks both his conviction and his...
Failure to Grant Defendant Trial Continuance for Counsel of Choice is Structural Error Requiring Reversal
United States v. Sidney O. Sellers, 09-2516.
Upon arrest for possession of a handgun without the requisite license, an inventory search of Sellers’s car revealed several bags containing crack cocaine. Sellers was charged with and convicted by a jury of possession with intent to sell crack cocaine and possession of a...