Criminal Law

In re: U.S.A.

Federal 7th Circuit Court
In re: U.S.A.
Criminal Court
Judicial Conduct
Citation
Case Number: 
No. 10-2766
Decision Date: 
July 30, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Petition for writ of mandamus granted
Ct. of Appeals granted govt.'s petition for writ of mandamus to compel Dist. Ct. to allow govt. to recall expert to testify regarding possibility that latent fingerprints from exhibit matched defendant's prints in trial on drug charge. Dist. Ct.'s belief that govt. had tampered with exhibit, or that govt. did not want instant jury to decide case was not supported by record. Moreover, Ct. of Appeals ordered that new Dist. Ct. judge be assigned mid-trial where record reflected that there was significant risk that Dist. Ct.'s future rulings might be influenced by his unreasonable anger towards prosecutors. Also, mandamus petition was appropriate vehicle for govt. to appeal order excluding evidence where said order was issued after start of trial.

U.S. v. Olmeda-Garcia

Federal 7th Circuit Court
U.S. v. Olmeda-Garcia
Criminal Court
Sentencing
Citation
Case Number: 
No. 09-3042
Decision Date: 
July 29, 2010
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 64-month term of incarceration on charge of illegal re-entry into U.S. even though defendant argued that Dist. Ct. failed to consider his argument that below guideline sentence was appropriate because similarly situated aliens in other Districts received lower sentences based on said courts' fast-track programs. Defendant failed to adequately develop said argument in Dist. Ct., and defendant otherwise failed to demonstrate that he would have been eligible for fast-track treatment in any District.

U.S. v. Diaz-Gaudarama

Federal 7th Circuit Court
U.S. v. Diaz-Gaudarama
Criminal Court
Sentencing
Citation
Case Number: 
No. 09-4048
Decision Date: 
July 29, 2010
Federal District: 
S.D. Ind., New Albany Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 210-month term of incarceration after defendant pleaded guilty to drug conspiracy charge after govt. had presented its case. Dist. Ct. was not required to credit defendant with 2-point reduction for acceptance of responsibility where guilty plea came during trial, and where defendant indicated that plea was motivated by desire to reduce his sentence, rather than desire to express remorse for crime. Moreover, Dist. Ct. could properly find that defendant had faked mental illness in attempt to delay trial or dismiss charge.

People v. Bell

People v. Bell
Illinois Appellate Court
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 4-09-0863
Decision Date: 
Friday, July 9, 2010
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Reversed and remanded.
Justice: 
KNECHT
Police seized Defendant's computer after domestic dispute during which Defendant's girlfriend told police she had seen Defendant viewing child pornography sites on the Internet; and girlfriend gave police permission to seize computer. Even though Defendant had asked girlfriend to move out of his house during the day of the arrest, she was in the process of doing so, had not yet packed her personal items used for everyday, such as clothing and toiletries, and prior to that she had unrestricted use and access to house and its contents, including computer; thus, girlfriend still had actual authority to consent to search and seizure of Defendant's computer. Court thus improperly granted motion to suppress. (MYERSCOUGH and STEIGMANN, concurring.)

People v. Staple

People v. Staple
Illinois Appellate Court
Criminal Court
Voir Dire
Right to Counsel
Citation
Case Number: 
No. 4-09-0312
Decision Date: 
Friday, July 9, 2010
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
KNECHT
Defendant was convicted of aggravated battery of police officer and of obstructing justice. Defendant moved for continuance, to retain private counsel, on date of trial. Court was within its discretion in denying motion; Defendant admitted she had not hired substitute counsel, and did not allege counsel was ready, willing, and able to help her; and admitted she had decided to substitute counsel only the morning of trial; and continuance would have been prejudicial as defense witness had been transported from DOC to testify. Court could thus reasonably conclude that motion was made solely for purpose of delay. No error in court reciting four Zehr principles to jury venire and inquiring about jurors' understanding and acceptance of principles in small groups, as instructions were clear and specific, and in small groups court repeated the principles and asked them whether they understood and would abide by the principles. (MYERSCOUGH and POPE, concurring.)

U.S. v. Gary

Federal 7th Circuit Court
U.S. v. Gary
Criminal Court
Sentencing
Citation
Case Number: 
No. 09-2862
Decision Date: 
July 28, 2010
Federal District: 
S.D. Ill.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 12-month term of incarceration on bankruptcy fraud charge even though defendant argued that Dist. Ct. did not give sufficient consideration to defendant's allegation that instant sentence would work hardship on children where defendant's wife was sentenced to 21-month term of incarceration on same charge. Dist. Ct. adequately addressed defendant's family hardship argument and otherwise made accommodation by ensuring that defendant and his wife serve staggered sentences to allow either defendant or his wife to be available to care for children.

U.S. v. Gorman

Federal 7th Circuit Court
U.S. v. Gorman
Criminal Court
Evidence
Citation
Case Number: 
No. 09-3010
Decision Date: 
July 28, 2010
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed
In prosecution on perjury charge arising out of defendant's testimony in grand jury proceeding in which defendant falsely denied having cousin's Bentley in defendant's garage, Dist. Ct. did not err in admitting evidence of defendant's subsequent theft of Bentley from defendant's garage, even though defendant argued that admission of said evidence violated Rule 404(b). While Dist. Ct. held that admission of said evidence was proper under inextricable intertwinement doctrine, said doctrine is no longer appropriate basis for said admission. However, admission of said evidence was proper as direct evidence of defendant's false grand jury testimony.

U.S. v. Alaka

Federal 7th Circuit Court
U.S. v. Alaka
Criminal Court
Sentencing
Citation
Case Number: 
No. 09-3423
Decision Date: 
July 27, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 24-month term of incarceration on charge of conspiracy to use unauthorized access devices to obtain assets over $1,000 that arose out of use by defendant and others of bank account information to make unauthorized withdrawals. Dist. Ct. could properly find that conspiracy involved total loss of over $200,000 that was attributable to defendant, even though defendant argued that he was personally involved in only $100,000 of said loss.

People v. Quevedo

People v. Quevedo
Illinois Appellate Court
Criminal Court
Sentencing
Motions to Suppress
Citation
Case Number: 
No. 2-08-0569
Decision Date: 
Friday, July 16, 2010
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
BURKE
Defendant was convicted of first-degree murder of his infant son; State alleged that infant died because Defendant shook him to death. Defendant did not make unequivocal, unambiguous request for counsel; thus, police detectives were free to question him and to obtain exculpatory statements from him. Requisite intent for first-degree murder is to either know that his acts create a strong probability of or to know that his acts create a strong probability of great bodily harm; it is not required that Defendant knew of probability of both death and great bodily harm. Proper to remand for sentencing to allow parties to present evidence, as sentencing hearing which occurred was perfunctory. (McLAREN and HUTCHINSON, concurring.)

U.S. v. Ciesiolka

Federal 7th Circuit Court
U.S. v. Ciesiolka
Criminal Court
Jury Instructions
Citation
Case Number: 
No. 09-2787
Decision Date: 
July 26, 2010
Federal District: 
N.D. Ind., Hammond Div.
Holding: 
Reversed and remanded
In prosecution on charge of attempting to persuade or entice minor to engage in sexual activity based on attempted on-line sting perpetrated by adult female officer, Dist. Ct. erred in giving jury ostrich instruction where defendant's knowledge of real truth about agent of police officer impersonating minor would actually exonerate defendant from charged offense. Moreover, instruction was improper where record otherwise indicated that defendant had attempted to ascertain age of officer, who gave conflicting signals as to her true age. Dist. Ct. also erred in permitting govt. to present large quantity of evidence of uncharged conduct involving images of child pornography and defendant's conversation with other individuals, which posed substantial risk of unfair prejudice.