Oct

19

Seventh Circuit Criminal Case of the Week: Good Enough for Government Work

Posted by: Michael M. O'Hear | October 19, 2009 | Leave a Comment

Under 21 U.S.C. § 841(b)(1)(A), certain drug offenders face a mandatory sentence of life imprisonment if they have two prior drug felony convictions.  As befits such a draconian statute, special procedural protections have been adopted to ensure that the mandatory minimum does not take defendants by suprise at sentencing.  Thus, 21 U.S.C. § 851(a)(1) requires [...]

Oct

11

Seventh Circuit Criminal Case of the Week: Halfway Houses Back on the Menu

Posted by: Michael M. O'Hear | October 11, 2009 | Leave a Comment

If Congress makes an obvious error in drafting a statute, can a court correct that error by effectively adding something to the statute that is not there?  Such was the interesting jurisprudential question the Seventh Circuit confronted last January in United States v. Head, 552 F.3d 640 (2009).  Because of a mix-up with statutory cross-references, the [...]

Oct

4

Seventh Circuit Criminal Case of the Week: Reversing a Liddell Progress on Crack Sentencing

Posted by: Michael M. O'Hear | October 4, 2009 | 1 Comment

The Seventh Circuit continues to struggle with the question of what it means for the federal sentencing guidelines to be “advisory.”  In United States v. Booker, 543 U.S. 220 (2005), the Supreme Court held that the then-mandatory guidelines system violated the Sixth Amendment.  The Court corrected the constitutional problem by converting the guidelines from mandatory to advisory.  Then, [...]

Sep

19

Seventh Circuit Criminal Case of the Week: What Can Be Inferred From a Lie?

Posted by: Michael M. O'Hear | September 19, 2009 | Leave a Comment

When a person is caught in a lie, we normally assume that he is covering something up.  But, if a defendant in a criminal case lies on the witness stand, is it fair to assume that he actually did what he was accused of doing?  Such was the question in United States v. Edwards (No. 08-1124).
Edwards was arrested [...]

Apr

11

Seventh Circuit Week in Review: Corporate Criminal Liability, Reconsideration of Suppression Rulings, and More

Posted by: Michael M. O'Hear | April 11, 2009 | Leave a Comment

The Seventh Circuit had four new opinions in criminal cases this week.  The cases addressed the mens rea requirements for corporate criminal liability, procedural aspects of suppression hearings, child pornography sentencing, and conditional guilty pleas.  Taking the cases in that order:
In United States v. L.E. Myers Co. (No. 07-2464), the defendant corporation was convicted of [...]