Federal Law & Legal System – Page 137 – Marquette University Law School Faculty Blog

Seventh Circuit Criminal Case of the Week: If You Own a Gun, Don’t Steal Cable

Post author:Michael M. O'Hear
Post published:November 7, 2009
Post category:Criminal Law & Process Federal Criminal Law & Process Seventh Circuit

seventh circuit In 2005, Kevin Schultz pled guilty to one count of trafficking in counterfeit telecommunications instruments. His offense involved modifying telecommunications equipment for the purpose of stealing cable. His sentence? Two years on probation, including a period of home detention.

Two and a half years after his first conviction, federal agents searched Schultz’s home and found a shotgun. He was convicted of being a felon in possession of a firearm and sentenced this time to eighteen months in prison.

On appeal, Schultz argued that his telecoms offense, although a felony, did not expose him to liability under the felon-in-possession statute. He relied on an exception in the law for prior convictions “pertaining to antitrust violations, unfair trade practices, restraints of trade, or similar offenses relating to the regulation of business practices.” However, the Seventh Circuit rejected this argument and affirmed the conviction in United States v. Schultz (No. 09-1192) (Bauer, J.).

Obama’s Applause Lines on Education

Post author:Alan J. Borsuk
Post published:November 5, 2009
Post category:Education & Law President & Executive Branch

teacher President Barack Obama’s 35-minute speech on education at Wright Middle School in Madison on Wednesday was interrupted by applause at many points, but most of the reaction was pretty low-key. Three lines drew what seemed to be more enthusiastic responses from the crowd of more than 500, most of them teachers, parents, and students at the 250-student school. Each of those lines says something significant about public sentiment and Obama administration priorities on education issues.

One: Obama said, “I’ve got to be honest, we’ve got to do a better job of moving bad teachers out of the classroom, once they’ve been given an opportunity to do it right.” His calls for recruiting higher-quality teachers and rewarding top teachers better didn’t get applause, but this line did. Secretary of Education Arne Duncan said in a telephone interview after the speech that this didn’t surprise him — it happens wherever the president speaks about education, he said. Raising the quality of teachers, in large part by doing more to identify quality teachers (and those who aren’t) is one of the highest, but most difficult, priorities for Obama and Duncan. And moving out the ones who really aren’t good at it is especially difficult, particularly given the defensiveness of teachers’ unions when such issues come up.

Two: His call for overhauling the way testing is done nationwide.

Myron Gordon, R.I.P.

Post author:Richard M. Esenberg
Post published:November 5, 2009
Post category:Eastern District of Wisconsin Milwaukee

I only really knew Myron Gordon as a judge on senior status and tried only one case before him. It was a challenge by the NAACP to the method of electing judges in Milwaukee County. The plaintiffs alleged that county-wide elections of judges denied black voters the opportunity to elect candidates of their own choice and sought election of judges on the basis of sub-county districts. We represented the Wisconsin Judges Association, which had intervened as a defendant. The judges did not want to be elected from smaller districts in which voters might not appreciate the array of considerations facing a judge. I remember, in particular, the testimony of one of our client’s members who said that he did not wish to depend only on his neighbors in a North Shore suburb for reelection. He felt that it would make it very difficult for him to give a defendant from the inner city the benefit of the doubt.

At the time we tried the case (1996), black candidates for judicial office had not done well in Milwaukee County. That has changed, but not because the plaintiffs prevailed. Judge Gordon ruled in our favor and the Seventh Circuit affirmed. I’d like to think that events — subsequent successes by black candidates on a county wide basis — have validated his judgment, but I may not be the best one to make that judgment.

Judge Gordon wasn’t — on the bench — a warm person.