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Posts
Federal Appeals
- Federal Sentence Reduced by 107 Months Following Successful Appeal and Resentencing
- Eleventh Circuit Vacates John Lee’s 17-Year Sentence
- MJ Petro Asks Supreme Court to Stop Wrongful COVID-19 Prosecution
- 11th Circuit Court of Appeals Attorney Michael J. Petro Files Brief for John Lee
- Attorney Petro Files 7th Circuit Brief
- 11th Circuit Criminal Appeals Attorney
- U.S.S.G. Section 3C1.1 Obstruction of Justice – 7th Circuit Brief Filed
- Motion to Reconsider Sentence Does NOT Stop Appeal Filing Deadlines
- Practice Tip: If Client Asks To Appeal, File That Notice
Federal Criminal Defense
- Federal Motion to Suppress Evidence Granted
- Attorney Petro Talks On BayNews9 About Florida’s New Open Carry Law
- Federal Defense Attorney for Child Sex Abuse Material Charges
- Chicago’s Most Dangerous ‘L’ Stops
- Map of Chicago Homicides 2006 – 2016
- “God Forgives, Outlaws Don’t.” Federal Criminal Forfeiture 101
- Government’s Pretrial Seizure of Defendant’s Untainted Assets NOT Allowed
- Chicago Police Officer’s Firing Leads to NOT GUILTY
- 18 USC 1001: False Statements Must Be Material to the Federal Government
- Winning Ugly: Persistence Leads to Not Guilty
- Chicago Federal Defense Attorney Michael J. Petro Success at Dirksen
- Gun Charge Reversal: Mere Proximity to Gun Not Enough for Constructive Possession
- Vindictive Prosecution: Boilerplate Rules
- Entrapment Defense: Boilerplate Rules For Getting The Jury Instruction
- Welcome to the 7th Circuit Criminal Law Alert
Federal Criminal Procedure
- Preliminary Hearing in Federal Court
- Received a Subpoena to Testify: What Should You Do?
- Illinois Grand Jury Subpeona
- Writ of Coram Nobis – Boilerplate Rules You Need to Know
- 28 U.S.C. § 455 – Judge’s Failure to Recuse Himself Leads to REVERSAL
- Polling Jury After Verdict: Dissenting Juror Impermissibly Coerced Leads to Reversal
- Expunging Your Federal Conviction – Rules You Need to Know
- How to make the Federal Speedy Trial Clock Start Ticking
- “Deliberate Indifference” Instruction and/or the “Ostrich Instruction” – Boilerplate Rules
- 5th Amendment: Silence and Not Answering Police Questions Is Now Evidence
- Missing Witness Instruction: Only Allowed Where Defendant Deprived of Favorable Testimony
- FRCP 8 and 14 Joinder of Offenses: Boilerplate Rules
- 18 USC 3501(c) and the Six Hour Rule: Boilerplate Rules
- Judge Posner Explains Proper Procedure Police Must Use for Photo Array Lineups
- Brady Material: The Difference Between Patent and Latent Exculpatory Evidence Explained
- Failure to Grant Defendant Trial Continuance for Counsel of Choice is Structural Error Requiring Reversal
- Batson Reversal: Prosecutor’s Stated Reason for Removing African-American Juror Is Found to be a Pretext for Discrimination
- Motion to Suppress Identification: Boilerplate Rules for Finding an Independent Basis for an In-Court Identification
- Miranda Warnings: Police Games to Avoid Saying Suspect in Custody Lead to Reversal of Conviction
- Jury Deliberation Allegations of Juror Misconduct – USA Has Burden to Overcome Presumption of Prejudice to Defendant
Federal Drug Crimes
- Federal Drug Crimes Attorney Michael J. Petro Will Protect Your Rights
- Drug Conspiracy: Buyer/Seller Arrangement Alone is NOT Enough
- Possession With Intent to Distribute Inferred From “Substantial” Amount of Drugs
- Drug Conspiracy – Boilerplate Rules Regarding Sufficiency and Variance
- Boilerplate Rules for Relevant Conduct Calculation in Drug Cases
Federal Evidence
- Eyewitness Identification Expert Testimony at Trial Leads to Not Guilty
- FRE 701 Opinion Testimony by Lay Witnesses – Boilerplate Rules
- Eyewitness Identification – Watershed Decision Identifies Fallibility of Eyewitness Identifications
- FRE 902(11). Boilerplate Rules for Admission of Certified Business Records
- FRE 803 Excited Utterance Exception – Boilerplate Rules
- New FRE 404(b) Test Leads to Reversal
- FRE 404(b): New Test to Admit
- Video Recorded By Non-Testifying Snitch Does NOT Violate the Confrontation Clause
- Trial Exhibits In the Jury Room: Boilerplate Rules
- FRE 901: Boilerplate Foundational Requirements for Tape Recordings
- Bruton and Redactions of Co-defendant Statements at Trial: Boilerplate Rules
- Federal Rule of Evidence 413: Court’s Interpretation of Word “Accused” is Overly Broad and Error
- The Limits of Cross-Examination of a Government Snitch: Boilerplate Rules
- FRE 801 (d)(2)(E) and Co-Conspirator Hearsay: District Court’s Failure to Make Explicit Findings on Admissability is Not Error
- Drug Experts and Interpreting Words in Recorded Conversations: Boilerplate Rules and Analysis
- Narcotics Police Officer Not an Expert Under FRE 702
Federal Sentencing
- Earning First Step Act Time Credits
- Zero Point Sentencing Amendment Explained
- Federal Compassionate Release Attorney Michael J. Petro
- Federal Sentencing Guidelines
- Brief Filed in 7th Circuit Court of Appeals: USSG 2D1.1(b)(12)
- Nicolas Gomez Gets His Federal Sentence Reduced!
- USSG 2D1.1: Court’s Failure to Explicitly State Drug Quantity Leads to Reversal
- USSG 3C1.1 OBSTRUCTION OF JUSTICE ENHANCEMENT: Requires False Testimony, Materiality and Willful Intent By Defendant
- Judge Posner Weighs In on the Costs and Benefits of Long Prison Sentences
- USSG 3E1.1: One Point for Timely Acceptance MUST Be Granted By Court If Government Asks
- USSG and Double Counting: Impermissible Only When Text of the Applicable Guideline Specifically Says So
- Sentencing Entrapment is Recognized in Seventh Circuit. Sentencing Manipulation is Not: Boilerplate Rules
- USSG 5G1.3. District Court Has Discretion to Concurrently Run State and Federal Sentences
- 18 USC 3553 Factors at Sentencing: Boilerplate Procedural Rules for District Court’s Sentence
- USSG 3B1.1 and the Supervisory Role Enhancement. A Seven Point Checklist
- Mitigating Role Analysis Under USSG 3B1.2 Leads to Reversal
- Cooperating Defendant Gets No Substantial Assistance Motion From Government. Or, Where To Start When the Government Bleeps Your Client
- Government Is Not Allowed to Use Defendant’s Proffer Protected Statements to Increase Relevant Conduct Drug Amount
Fraud & Financial Crimes
- Civil Investigative Demands (CIDs): What They Are and How Attorney Michael J. Petro Can Help
- Federal Fraud, Embezzlement & Theft Defense | Michael J. Petro, Criminal Attorney
- Federal Money Laundering Defense Attorney | Michael J. Petro – Federal Criminal Lawyer
- Federal Price-Fixing Attorney
- Medicare Fraud and Abuse Cases
- The “Lulling Letter” Doctrine and a Barber Who Don’t Cut Hair Straight
- “Official Acts” Definition- Must Know Rules For Politicians!
- Grand Jury Subpoena to Client’s Accountant: Attorney-Client Privilege May Block Production
- U.S.S.G. § 2B1.1 Loss Amount: Money Paid Back to Victim Before Fraud Detected NOT Counted
- Honest Services Fraud – “Value of Benefit Received” Explained
- 18 USC 1341 and 1343: Mail and Wire Fraud Do Not Require Allegations of Pecuniary Harm or Economic Loss
- Statute of Limitations: Boilerplate Rules For Calculating Time in Scheme to Defraud
- Good Faith Defense That Defendant Intended To Pay Money Back Not Allowed
Search and Seizure
- Charges Dismissed After Motion to Suppress Filed in Pinellas County Drug Case
- Motion to Suppress Evidence in Chicago
- IP Address Linked to a Residence Is Enough to Search
- The Fourth Amendment and the “Third Party Doctrine.”
- DEA’s Use of “Stingray” Device Without a Warrant is Illegal
- Search and Seizure Traffic Stop – Suspicion of Texting While Driving Is Not Enough. Case Dismissed
- Search Warrants and the Probable Cause Determination – Boilerplate Rules
- Chicago Criminal Defense Attorney Michael J. Petro Successfully Suppresses Evidence
- Search Warrants and the Leon Good Faith Exception: Boilerplate Rules
- Handy Chart Determines If Driver of Rental Car Has Standing to Contest Search
- Police Can Not Search Cell Phone Without a Warrant
- 4th Amendment Terry Stop and Frisk Explained. Boilerplate Analysis
- 4th Amendment Search and Seizure REVERSAL: Police May NOT Legally Stop a Vehicle That Left Site of Suspected Drug Activity
- 4th Amendment Search and Seizure: Six Day Delay by Police to Get Search Warrant for Cell Phone Is Not Unreasonable
- Inevitable Discovery Rule Car Stop Inventory Search: Boilerplate Search and Seizure Analysis
- Search and Seizure and the Collective Knowledge Doctrine: Boilerplate Rules
- Franks Hearing: Negligent Police Affidavit Not Enough For Suppression. Police Affidavit Must Be Reckless and Deceitful
- Consent to Search Home: Boilerplate Rules to Determine Voluntariness
- Anticipatory Search Warrants Are Constitutional
- Phone Tap Surveillance – Have Other Investigative Procedures Been Exhausted?
- Boilerplate Language For Anonymous Tip Search and Seizure