Seventh Circuit Criminal Case of the Week: If You Own a Gun, Don’t Steal Cable
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.).
Does appellate oral argument still matter? In some courts with exceptionally heavy caseloads, such as the Wisconsin Court of Appeals, oral argument is vanishingly rare. But even in courts that regularly hold oral argument, some observers claim that it has devolved into a dog-and-pony show unlikely to move judges who have already reached unspoken decisions based on often-voluminous briefing.
Unfortunately, business is booming when it comes to foreclosure problems in Wisconsin. Fortunately, the Milwaukee Foreclosure Mediation Program is succeeding at helping a growing number of those problems end with people keeping their homes and financial institutions satisfied with new arrangements.