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Posts
#United States Sentencing Guidelines
6th Amendment Right to Counsel
- Government’s Pretrial Seizure of Defendant’s Untainted Assets NOT Allowed
- Government’s Pretrial Seizure of Defendant’s Untainted Assets NOT Allowed
7th Circuit Criminal Law Alert
- “Snitches Are a Dying Breed” And Other Aspects of “Outlaw” Criminal Forfeiture
- “God Forgives, Outlaws Don’t.” Federal Criminal Forfeiture 101
- Grand Jury Subpoena to Client’s Accountant: Attorney-Client Privilege May Block Production
- Grand Jury Subpoena to Client’s Accountant: Attorney-Client Privilege May Block Production
- Writ of Coram Nobis – Boilerplate Rules You Need to Know
- Writ of Coram Nobis – Boilerplate Rules You Need to Know
- Busted! DEA’s Use of “Stingray” Cell Phone Locator Without a Warrant is Illegal!
- DEA’s Use of “Stingray” Device Without a Warrant is Illegal
- 28 U.S.C. § 455 – Judge’s Failure to Recuse Himself Leads to REVERSAL
- 28 U.S.C. § 455 – Judge’s Failure to Recuse Himself Leads to REVERSAL
- U.S.S.G. § 2B1.1 Loss Amount: Money Paid Back to Victim Before Fraud Detected NOT Counted
- U.S.S.G. § 2B1.1 Loss Amount: Money Paid Back to Victim Before Fraud Detected NOT Counted
- Polling Jury After Verdict: Dissenting Juror Impermissibly Coerced Leads to Reversal
- Polling Jury After Verdict: Dissenting Juror Impermissibly Coerced Leads to Reversal
- Residential Drug Abuse Program – BOP Changes Make Allow Greater Inmate Participation
- Expunging Your Federal Conviction – Rules You Need to Know
- Search and Seizure Traffic Stop – Suspicion of Texting While Driving Is Not Enough. Case Dismissed
- Search and Seizure Traffic Stop by Police: Officers Mistake Regarding Illinois Turn Signal Law Leads to Suppression of Evidence
- FRE 701 Opinion Testimony by Lay Witnesses – Boilerplate Rules
- Honest Services Fraud – “Value of Benefit Received” Explained
- USSG 2B1.1 – Honest Services Fraud “Value of Benefit Received” Explained
- Eyewitness Identification – Watershed Decision Identifies Fallibility of Eyewitness Identifications
- Eyewitness Identification – Watershed Decision Identifies Fallibility of Eyewitness Identifications
- Requirements for Stash House Enhancement
- Requirements for Stash House Enhancement
- Search Warrants and the Probable Cause Determination – Boilerplate Rules
- Search Warrants and the Probable Cause Determination – Boilerplate Rules
- Chicago Criminal Defense Attorney Michael J. Petro Successfully Suppresses Evidence
- Government Breach of Plea Agreement Leads to REVERSAL
- Michael J. Petro argues in the 7th Circuit Court of Appeals on November 17, 2015
- Search Warrants and the Leon Good Faith Exception: Boilerplate Rules
- FRE 902(11). Boilerplate Rules for Admission of Certified Business Records
- How to make the Federal Speedy Trial Clock Start Ticking
- How to make the Federal Speedy Trial Clock Start Ticking
- 18 USC 1001: False Statements Must Be Material to the Federal Government
- Entrapment: Presence of Several Inducement Plus Factors Leads to REVERSAL
- Drug Conspiracy: Buyer/Seller Arrangement Alone is NOT Enough
- Motion to Reconsider Sentence Does NOT Stop Appeal Filing Deadlines
- Motion to Reconsider Sentence Does NOT Stop Appeal Filing Deadlines
- Honest Services Fraud: Use of Word “Reward” In Jury Instruction Leads to Reversal
- Honest Services Fraud: Use of Word “Reward” In Jury Instruction Leads to Reversal
- Chicago Federal Defense Attorney Michael J. Petro Success at Dirksen
- Police Use of Lethal Force: Boilerplate Rules
- Pro Se Representation: Boilerplate Rules
- DOJ Refusal to Provide Discovery in Fake Stash House Robbery Leads to Dismissal
- New FRE 404(b) Test Leads to Reversal
- FRE 404(b): New Test to Admit
- 5th Amendment: Silence and Not Answering Police Questions Is Now Evidence
- Search Warrant Affidavit MUST provide Information on Affiant’s Credibility
- Entrapment: Exploitation of Friendship Can Constitute Inducement
- Video Recorded By Non-Testifying Snitch Does NOT Violate the Confrontation Clause
- Possession With Intent to Distribute Inferred From “Substantial” Amount of Drugs
- USSG 3C1.1. Definition of “Material Matter”
Asset Forfeiture
Attorney-Client Privilege
Confrontation Clause
Criminal Procedure
- Received a Subpoena to Testify: What Should You Do?
- Motion to Suppress Evidence in Chicago
- Illinois Supreme Court Holds That Changes to the Juvenile Court Act Apply to Pending Cases
- New Amendments to Illinois Juvenile Transfer Statute Applies Retroactively to All Pending Criminal Cases
Current Affairs
Expert testimony
Eyewitness Identification
Federal Criminal Procedure
- Medicare Fraud and Abuse Cases
- Federal Crime Sentencing Guidelines
- Plea Negotiations and Agreements in Federal Court
- Preliminary Hearing in Federal Court
- Business Records Subpoena: What You Should Do?
Federal Rules of Evidence
Fraud
Grand Jury Subpoena
Honest Services Fraud
- “Official Acts” Definition- Must Know Rules For Politicians!
- Honest Services Fraud and the Definition of “Official Acts”: Rules Every Public Official Must Know!
Mail Fraud
- The “Lulling Letter” Doctrine and a Barber Who Don’t Cut Hair Straight
- Mail Fraud, a Barber Who Don’t Cut Hair Straight and the “Lulling Letter” Doctrine
News
- Female Genital Mutilation Charges
- Map of Chicago Homicides 2006 – 2016
- U.S.S.G. Section 3C1.1 Obstruction of Justice – 7th Circuit Brief Filed
- Chicago Police Officer’s Firing Leads to NOT GUILTY
- Illegal Traffic Stop by CPD Leads to Dismissal of Charges
- Medical Marijuana in Illinois: Qualifying Conditions
- Nicolas Gomez Gets His Federal Sentence Reduced!
- The 7th Circuit Is Not Happy With a Prison Sentence For Marijuana Use
Press Releases
- Attorney Petro Files 7th Circuit Brief
- Federal Compassionate Release Attorney Michael J. Petro
- Federal Price-Fixing Attorney
- 11th Circuit Criminal Appeals Attorney
- Chicago’s Most Dangerous ‘L’ Stops
- Health Care Workers Barred By Felony Convictions Can Now File For License With IDFPR
- Michael J. Petro Argues in Seventh Circuit Court of Appeals
- Automobile Search and Seizure: Police NOT Allowed to Prolong Traffic Stop to Search for Illegal Contraband
- Rod Blagojevich: Political Logrolling Is Not Illegal
- “Deliberate Indifference” Instruction and/or the “Ostrich Instruction” – Boilerplate Rules
- “Deliberate Indifference” Instruction and/or the “Ostrich Instruction” – Boilerplate Rules
- Brief Filed in 7th Circuit Court of Appeals: USSG 2D1.1(b)(12)
- Brief Filed in 7th Circuit Court of Appeals: USSG 2D1.1(b)(12)
- Winning Ugly: Persistence Leads to Not Guilty
- Drug Penalties in Illinois
- Supervised Release Is Not Mandatory: New Rules Regarding Non Mandatory Conditions
- USSG 2D1.1: Court’s Failure to Explicitly State Drug Quantity Leads to Reversal
- FRE 803 Excited Utterance Exception – Boilerplate Rules
- Handy Chart Determines If Driver of Rental Car Has Standing to Contest Search
- 7th Circuit Announces New Standard for Admitting FRE 404(b) Other Acts Evidence
- Police Can Not Search Cell Phone Without a Warrant
- Police Officer’s Good Faith Mistake of Law is NOT Reasonable Grounds for a Traffic Stop
- Trial Exhibits In the Jury Room: Boilerplate Rules
- USSG 2X1.1 Incomplete Conspiracy Reduction – Boilerplate Rules
- USSG 2B1.1 Number of Victims – Bank and Account Holders Are Both Victims
- Speedy Trial Act: “Ends of Justice” Continuances Require Court to Balance Interests of Public and Defendant
- Missing Witness Instruction: Only Allowed Where Defendant Deprived of Favorable Testimony
- Search and Seizure: Subsequent Frisk After Terry Pat Down Violates 4th Amendment
- BOP Enacts New Compassionate Release Reduction in Sentence Guidelines
- USSG 3C1.1 OBSTRUCTION OF JUSTICE ENHANCEMENT: Requires False Testimony, Materiality and Willful Intent By Defendant
- FRE 901: Boilerplate Foundational Requirements for Tape Recordings
- FRE 404(b): Hamilton Dissent Explains Proper District Court FRE 404(b) Analysis
- FRCP 32: U. S. Probation Officer’s Confidential Recommendation to the District Court Passes Constitutional Scrutiny
- 4th Amendment Terry Stop and Frisk Explained. Boilerplate Analysis
- Judge Posner Weighs In on the Costs and Benefits of Long Prison Sentences
- FRCP 8 and 14 Joinder of Offenses: Boilerplate Rules
- Illinois Eavesdropping Statute Explained
- 18 USC 3501(c) and the Six Hour Rule: Boilerplate Rules
- Who Can Give Consent to Search an Apartment?: Boilerplate Rules
- USSG 3B1.1 Supervisory Role Enhancement: Boilerplate Rules
- Mandatory Minimum Sentences Do NOT Violate Separation of Powers Doctrine
- Gun Charge Reversal: Mere Proximity to Gun Not Enough for Constructive Possession
- 4th Amendment Search and Seizure REVERSAL: Police May NOT Legally Stop a Vehicle That Left Site of Suspected Drug Activity
- Judge Posner Explains Proper Procedure Police Must Use for Photo Array Lineups
- 8th Amendment: Prison Guards Force Applied Causing Injury NOT Cruel and Unusual If in the Course of Maintaining Order
- 4th Amendment Search and Seizure: Six Day Delay by Police to Get Search Warrant for Cell Phone Is Not Unreasonable
- USSG 3E1.1: One Point for Timely Acceptance MUST Be Granted By Court If Government Asks
- FRE 404(b): Government Use of Defendant’s Prior Drug Conviction to Prove Intent Leads to Reversal
- 18 USC 1341 and 1343: Mail and Wire Fraud Do Not Require Allegations of Pecuniary Harm or Economic Loss
- USSG and Double Counting: Impermissible Only When Text of the Applicable Guideline Specifically Says So
- USSG 3B1.1 “Otherwise Extensive” Leadership Enhancement Explained
- Deceptive Investigative Techniques Jury Instruction Approved
- Restitution in Title 26 Tax Cases is Allowed Only as Condition of Probation or Supervised Release
- Entrapment: IMPORTANT! Court Must Consider Defendant’s Predisposition Before Government Inducement
- Traffic Stop Search and Interrogation: Boilerplate Analysis
- USSG 1B1.3 Relevant Conduct Explained
- USSG 2C1.1 Sensitive Position Enhancement Explained
- Extradition: Order Denying Extradition From Foreign Tribunal Is NOT a Basis for Motion to Dismiss Indictment in U.S.
- Brady Material: The Difference Between Patent and Latent Exculpatory Evidence Explained
- Bruton and Redactions of Co-defendant Statements at Trial: Boilerplate Rules
- Vindictive Prosecution: Boilerplate Rules
- USSG 3C1.1 Obstruction of Justice Enhancement Applies to Latin King Member That Fled in Fear of His Life
- 42 USC 1320a-7b Medicare Fraud: “Primary Motivation” Doctrine Rejected
- Failure to Grant Defendant Trial Continuance for Counsel of Choice is Structural Error Requiring Reversal
- 18 USC 3553(a): Conditions of Presentencing Confinement Are Not Considered as a Mitigating Factor
- Supervised Release Violation: District Court Must Consider USSG Range and 3553 (a) Factors at Sentencing
- Batson Reversal: Prosecutor’s Stated Reason for Removing African-American Juror Is Found to be a Pretext for Discrimination
- USSG 3B1.3 Abuse of Trust. Mortgage Broker’s Relationship With Lender Does Not Qualify
- FRE 404 (b). Improper Use of Defendant’s Prior Unrelated Drug Convictions Leads to Reversal
- Police Officers Failure to Follow Miranda Rules Leads to Suppression of Statement
- Fair Sentencing Act – Relevant Date for Determination of Retroactivity is the Date of the Underlying Criminal Conduct, Not the Date of Sentencing
- USSG 2L1.2. Probation Violation After Depotation Not Counted
- Federal Rule of Evidence 413: Court’s Interpretation of Word “Accused” is Overly Broad and Error
- Early Termination of Supervised Release. District Court’s Failure to Consider Proper Statutory Factors Leads to Remand
- Inevitable Discovery Rule Car Stop Inventory Search: Boilerplate Search and Seizure Analysis
- Motion to Suppress Identification: Boilerplate Rules for Finding an Independent Basis for an In-Court Identification
- Warning!!! Pre-Trial Motions for Severence Must Be Renewed at Close of Evidence or They Are Waived on Appeal
- Supervised Release Violations May Be Sentenced Concurrent To New Conviction
- Sentence Based on Clearly Erroneous Facts Is Procedural Plain Error
- FRE 901 (b)(5) and Lay Opinion Voice Identification Testimony: Boilerplate Rules
- Missing Witness Instruction and Missing Confidential Informant: Boilerplate Rules
- Search and Seizure and the Collective Knowledge Doctrine: Boilerplate Rules
- Crack Cocaine Mandatory Minimum Reductions Under Fair Sentencing Act Do Not Apply Retroactively
- USSG 5K3.1. District Court’s Can Consider Absense of Fast Track Programs at Sentencing
- USSG 5G1.3. District Court Has Discretion to Concurrently Run State and Federal Sentences
- Miranda Warnings: Police Games to Avoid Saying Suspect in Custody Lead to Reversal of Conviction
- 18 USC 2261 – Interstate Domestic Violence Act. Husband Brutalizing Ex-Wife and Driving Her to Another State Is a Federal Crime
- Ostrich Instruction: Improper Use in Police Sting Case Leads to Reversal Of Conviction
- Defendant’s Offer to Take Polygraph Test Is Not Admissable
- FRCP 43: Defendant Does Not Have to Be Present at Jury Instruction Conference
- 8 USC 1326: The Three Requirements to Vacate a Prior Deportation Order
- Entrapment Defense: Boilerplate Rules For Getting The Jury Instruction
- The Limits of the First Amendment: White Supremicist’s Indictment Is Legally Sufficient
- Cocaine Base v. Crack: 7th Circuit Urges Congress for More Technical and Precise Definitions
- District Court Failed to Provide Defense Exhibits to Jurors: Boilerplate Rules for Mistrial
- The Limits of Cross-Examination of a Government Snitch: Boilerplate Rules
- Burning a Cross in Front Yard of Biracial Family Is Both Threatening and an Act of Intimidation
- Kevin Trudeau’s Jail Sentence Vacated. FRCP 42(b) Summary Contempt Procedures Not Appropriate
- 18 USC 1959: United States May Prosecute the Murder of a Foreign Citizen in Foreign Country If the Murder Was Planned in the United States
- Lesbian Sex Offender’s Unreasonable Above Guideline Sentence Vacated
- Franks Hearing: Negligent Police Affidavit Not Enough For Suppression. Police Affidavit Must Be Reckless and Deceitful
- 18 USC 3553 Factors at Sentencing: Boilerplate Procedural Rules for District Court’s Sentence
- Speedy Trial Act – 18 USC 3161. Boilerplate Rules For Calcualting the 70 days
- Deadbeat Parents Punishment Act – 18 USC 228 – Failure to Pay Child Support is a Continuing Offense, Ignorance of This Law is No Excuse and Double Counting
- “Innocent Possession” Defense and Jury Instruction Not Recognized in 7th Circuit
- FDCPA Allows Government to Collect Restitution From Bookie
- USSG 5G1.3. Concurrent Federal Sentence Not Allowed For Completed State Court Sentence
- District Court’s Arbitrary Decision to Disqualify Attorney Representing Multiple Defendants Requires New Trial
- Search Warrants and the Leon Good Faith Exception: Boilerplate Rules
- Motions to Suppress Identifications By Witnesses Must Be Filed Before Trial
- USA v. Vrdolyak and Calculating the Amount of Loss: The Difference Between Sentencing Discretion and Sentencing Error
- Statute of Limitations: Boilerplate Rules For Calculating Time in Scheme to Defraud
- FRE 801 (d)(2)(E) and Co-Conspirator Hearsay: District Court’s Failure to Make Explicit Findings on Admissability is Not Error
- Rule 30 (d) and the Proper Way to Object to a Jury Instruction
- Criminal Forfeiture and Restitution Allowed in Same Prosecution: Boilerplate Rules
- 2nd Ammendment Post Heller: Valid Gun Possession Laws Must Be Substantially Related to an Important Government Objective
- District Court is Allowed to Consider Placement in Halfway House as a Condition of Supervised Release Violation
- USSG 3B1.1 and the Supervisory Role Enhancement. A Seven Point Checklist
- Plea Agreement Appeal and 2255 Waivers Do Not Affect Crack Redox Motions
- USSG 2B1.1: Healthcare Fraud and the Right Way to Calculate the Number of Victims
- 922(g) and ACCA. State Restoration of Civil Rights Means Convictions Do Not Count In Federal Court
- Miranda Warnings Need Not Be Repeated as Result of Break in Interrogation
- Police Need Probable Cause to Execute an Arrest Warrant in Third Parties Home
- Crimes of Violence and USSG Career Offender Re-defined Post Begay v. United States
- District Judge Must Recuse Self If a Reasonable Well-Informed Observer Could Question the Judge’s Impartiality
- Drug Experts and Interpreting Words in Recorded Conversations: Boilerplate Rules and Analysis
- Consent to Search Home: Boilerplate Rules to Determine Voluntariness
- Rule 11(c)(1)(C) Plea Agreements. Be Careful That The Agreed Sentence Is Binding On District Court.
- 3553(a)(6) and Unwarranted Sentencing Disparities Evaluated Using Rita, Gall, Kimbrough, Spears and Nelson
- Sealed Documents in District Court Automatically Unsealed on Appeal
- Improper to Grant Continuance for Purpose of Changing Substantive Law
- District Court’s Use of Wrong USSG Section. Harmless Error Analysis Applies
- Illegal Alien’s Are Not Prohibited From Bond Under 18 USC 3142
- Mitigating Role Analysis Under USSG 3B1.2 Leads to Reversal
- Durress as an Affirmative Defense: Boilerplate Rules
- Oily Prosecutor’s Misconduct Leads to Reversal in Salad Dressing Case
- Anonymous Tip Arrest. Police Use of Excessive Force Not Basis For Suppression.
- USSG Crack Cocaine Redox: Two Levels Only.
- USSG 3C1.1 Obstruction of Justice. Warning: Defendant’s Friend Nicely Asking a Witness Not to Testify is Obstruction.
- Penile Plethysomograph Testing Found Not Ripe
- Theory of Defense Jury Instructions: Boilerplate Rules With Limitations Explained.
- Sophisticated Means and USSG 2B1.1(9)(c) – Boilerplate Analysis
- Cooperating Defendant Gets No Substantial Assistance Motion From Government. Or, Where To Start When the Government Bleeps Your Client
- USSG 5G1.3. Consecutive v. Concurrent Sentence Analysis
- After Client’s Written Waiver of Appeal, Lawyer’s Failure to File Notice of Appeal Is Not Ineffective Assistance
- Counsel’s Faiilure to Notify Client of Rights Under Vienna Convention May Be Ineffective Assistance
- Ex-Wife Has Actual and Apparent Authority to Consent to Search of Ex-Husband’s Home
- Anticipatory Search Warrants Are Constitutional
- Convictions With Mens Rae of Negligence or Recklessness Cannot Serve as Predicate Violent Felony Under Armed Career Criminal Act
- Government Is Not Allowed to Use Defendant’s Proffer Protected Statements to Increase Relevant Conduct Drug Amount
- Intricately Related and 404(b) Evidence: Boilerplate Rules.
- Speech Alone (Even Obscene Speech) Is Not Substantial Step For Attempt Solicitation
- Sixth Amendment Right to Speedy Trial – Boillerplate Analysis
- Honest Services Fraud: USSG 2B1.1 Is Right For Embezzlers
- Mere Presence and Conpiracy: Boilerplate Rules.
- 7th Circuit Court of Appeals Explains Appellate Rule 35 and 40 Petitions for Rehearings:
- Two Obstruction-of-Justice Enhancements for Two Separate Incidents of Perjury Not Allowed
- Drug Quantity and Relevant Conduct: USPO’s Version Rejected
- Boilerplate Rules For District Court Dealing With Difficult Defendant With Appointed Counsel
- Crack Cocaine Determinaton: “Undeniably Thin” But Affirmed
- On Restitution: No Longer Error For District Court Not to Set a Payment Schedule
- On Restitutuion: Beyond a Reasonable Doubt Not Required
- Honest Services Fraud Explained
- Narcotics Police Officer Not an Expert Under FRE 702
- Boilerplate Sentencing Law Post Rita and Gall
- Relevant Conduct Calculation Found Beyond Realm of Permissable Calculations
- Textbook Search and Seizure Law Leads to Reversal
- USSG 2B3.1 Threat of Death Enhancement Not Alllowed With 924(c) Conviction
- Batson: Boilerplate Rules
- Sentencing Defendant In Absentia OK If Court Finds Absense Voluntary
- Permanent Disfigurement for USSG Determined on Date of Sentencing
- Jury Deliberation Allegations of Juror Misconduct – USA Has Burden to Overcome Presumption of Prejudice to Defendant
- Sentencing Disparity. OK For More Culpable Co-Defendant To Get Lower Sentence
- Guidelines Sentence Presumption of Reasonableness Not Allowed
- Practice Tip: If Client Asks To Appeal, File That Notice
- Depite No Counsel At Prior Plea, Criminal History Points OK
- Phone Tap Surveillance – Have Other Investigative Procedures Been Exhausted?
- Drug Conspiracy – Boilerplate Rules Regarding Sufficiency and Variance
- Terry Car Stop OK: Boilerplate Rules
- Boilerplate Requirements for Ostrich Instruction
- Harmless Error Analysis Applies to Sentencing Factors
- Dangerous Weapon Enhancement for Itty Bitty Pocket Knife Reversed
- Georgia Sweet Georgia: 7th Circuit Finds Well Meaning Employee Innocent
- Departures Are Obsolete – Boilerplate Language for Sentencing Memos
- The Lawyer Made Me Do It Is Not A Defense
- Brady Violation By USA: Evidence Must Be Material and Have Potential to Change Verdict
- When Does “Transportation” Begin in a Prosecution Under the Federal Kidnapping Act
- Government’s Failure to Call C/I Does Not Lead to Missing Witness Instruction
- Loss Calculation is Clearly Erroneous
- Armed Entry Without a Warrant Held OK, Harmless Error Analysis
- Second 2255 Motion Requires Permission From Court of Appeals Before Filing
- Defendant Acquited of Conspiracy Charge – USA Not Allowed to Use Conspiracy Drug Amounts at Sentencing
- Boilerplate Language For Anonymous Tip Search and Seizure
- Pinkerton Reasonable Foreseeable Analysis Not Applicable to Use of Minor Enhancement
- Reverse 404(b) Evidence – Pratfalls to Blaming the Other Guy
- Good Faith Defense That Defendant Intended To Pay Money Back Not Allowed
- Court Not Allowed to Consider Consecutive 924 Sentence in Determining Bank Robbery Sentence
- Illinois Escape Conviction for Failure to Report to Prison is a Crime of Violence
- The Old Hand In Pocket Gun Trick Gets Bank Robber More Time
- Alternate Jurors – FRCP 24 Requires Strict Compliance
- Single Photo Line-Up Identification of Defendant Upheld
- Government’s Burden is Preponderance for Sentencing Enhancements
- Automobile Exception Saves Non-Consensual Search
- Bank Fraud and Tax Fraud Loss Calculation Not Grouped
- Boilerplate Rules for Relevant Conduct Calculation in Drug Cases
- Sophisticated Means Explained
- Absent Timely Objection Improper Closing Argument By AUSA Not Enough to Reverse Conviciton
- Residential Burglary is Crime of Violence for Career Offender, Illinois Unlawful Possession of a Knife Conviciton is Violent Felony for ACCA
- Sixth Amendment Right to Confrontation Does Not Apply to 911 Call Tape, Requirements for Supplemental Jury Instructions
- Part of Gun Manufactured Outside of Illinois Enough to Meet Interstate Commerce, Illinois Aggravated Battery Conviction Not Always a Violent Crime for ACCA
- Failing to Report to BOP is a Continuing Offense for Statute of Limitations Calculation
- Sentecing Manipulation by Agents Not a Defense in 7th Circuit
- 58 Year Old Man Sentenced to Die in Prison – Not Unreasonable
- Motion to Suppress Statement Denied – Miranda Not Required Unless Defendant In Custody
- Motion to Suppress Defendant’s Presence in US After Illegal Police Search Denied
- Relevant Conduct Explained – Membership in Latin Kings is Not Enough
- Illinois Court Supervision Ruins Safety Valve, Motion to Vacate Guilty Plea Denied
- Frank’s Hearing Denial Clear Error
- Requirements for Entrapment Instruction
- Successive Petitions for 2255, 4th Amendment Motion to Suppress Evidence
- Ex Post Facto – Change in Guidelines Does Not Violate
- Money Laundering is Net Proceeds, Aggravated Assault in Illinois as Enhancement
- Upward Departures
- Rule 11 Plea Colloquy Requirements, Downward Departure Not Reasonable
- 4th Amendment Anonymous Tip, Career Offender, Restitution
- Week Ending August 4, 2006
- Week ending July 27, 2006
- Week ending July 20, 2006
- Week ending June 30, 2006
- Week ending June 22, 2006
- Week ending June 16, 2006
- Welcome to the 7th Circuit Criminal Law Alert
Restitution
Search and Seizure
- IP Address Linked to a Residence Is Enough to Search
- The Fourth Amendment and the “Third Party Doctrine.”
- Warrants, Illegal Searches and the “Third Party Doctrine”
Tax Fraud
Uncategorized
- FRE 902(11). Boilerplate Rules for Admission of Certified Business Records
- Sentencing Entrapment is Recognized in Seventh Circuit. Sentencing Manipulation is Not: Boilerplate Rules
United States' Sentencing Guidelines