Court of Appeals for the Seventh Circuit Court Cases

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  1. United States v. Robert Schuh (2002)

    Jocko's Rocket Ship, a tavern in Madison, Wisconsin, secretly operated as a drug house for over a decade. Its owner, Robert Schuh, pleaded guilty to maintaining a drug house, 21 U.S.C. § 856(a)(1), and eight individuals who dealt drugs at Jocko's pleaded guilty to various other drug offenses. We consolidated Schuh's case with appeals filed by two of the dealers, Lisa Nolen and Curtis Lane. Schuh challenges an upward adjustment for being an organizer or leader, and counsel for both [...]

    Court: Court of Appeals for the Seventh Circuit Docket: 00-3748
  2. United States v. Robert Mykytiuk (2005)

    On January 14, 2004, Robert Mykytiuk was convicted of possessing pseudoephedrine with intent to manufacture methamphetamine, see 21 U.S.C. § 841(c)(2), and for possessing a firearm in furtherance of drug trafficking, see 18 U.S.C. § 924(c)(1)(A). Understandably treating the Sentencing Guidelines as mandatory, the district court enhanced Mykytiuk's sentence on the basis of facts found by a preponderance of the evidence, ultimately imposing a 150-month sentence. While we affirmed [...]

    Court: Court of Appeals for the Seventh Circuit Docket: 04-1196
  3. United States v. Robert D. Paladino v. Randy Velleff v. John Peyton (2005)

    Kathleen Felton, Department of Justice, Office of the General Counsel, Washington, DC, Jeffrey P. Singdahlsen (argued), Department of Justice, Criminal Division, Appellate Section, Washington, DC, for U.S. in Nos. 03-2383, 03-2384, 03-2385, 03-2386.


    Court: Court of Appeals for the Seventh Circuit Docket: 04-1951
  4. United States v. Larry D. Knox (2002)

    Following his indictment on three counts of peddling crack cocaine, see 21 U.S.C. § 841(a)(1), Larry Knox pleaded guilty. His reward was a three-level subtraction for acceptance of responsibility. See U.S.S.G. § 3E1.1(b). That reduction sliced at least 84 months off his punishment: his sentence was 240 months (from a range of 235-293 months), while the range without the credit would have been 324-405 months. Believing that his sentence should have been lower still, Knox [...]

    Court: Court of Appeals for the Seventh Circuit Docket: 01-3099
  5. United States v. Lavell Dean (2005)

    A federal jury convicted Lavell Dean of being a felon in possession of a firearm, and the district judge sentenced him to 120 months in prison. The appeal, which challenges only the sentence, presents an important issue—the role of 18 U.S.C. § 3553(a) in sentencing—presented, but left unresolved, by United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).


    Court: Court of Appeals for the Seventh Circuit Docket: 04-3172
  6. United States v. Karl Cunningham (2005)

    The defendant pleaded guilty to one count of conspiring to possess, with intent to distribute, more than five grams of a mixture or substance containing crack cocaine. 21 U.S.C. § 846. The judge sentenced him to 57 months in prison, which was at the bottom of the guidelines range for the defendant's offense. The sentence was imposed after the Supreme Court, in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), had held that the federal sentencing guidelines [...]

    Court: Court of Appeals for the Seventh Circuit Docket: 05-1774
  7. United States v. James C. Dunkel (1991)

    James C. Dunkel, who decided that income taxes are voluntary and elected not to contribute, was convicted of tax evasion and wilful failure to file tax returns. Consistent with this circuit's precedents, the district court withdrew from the jury certain defenses that are objectively unreasonable. We affirmed Dunkel's conviction. 900 F.2d 105 (7th Cir.1990).


    Court: Court of Appeals for the Seventh Circuit Docket: 89-1841
  8. Aaron Lindh v. James P. Murphy, Warden (1996)

    Barry Levenstam, Jerold S. Solovy, Ellen R. Kordik, Charles B. Leuin, Jenner & Block, Chicago, IL, Roberta Cooper Ramo, American Bar Association, Chicago, IL, for American Bar Association, Amicus Curiae.


    Court: Court of Appeals for the Seventh Circuit Docket: 95-3608
  9. United States v. Mason Townsend (1991)

    William H. Theis, Nathan Diamond-Falk, Michael E. Deutsch, Peoples Law Office, Daniel L. Franks, George C. Howard, Gary Senner, Sonnenschein, Nath & Rosenthal, Richard R. Mottweiler, Mark W. Solock, Elliott T. Price and Jerry B. Kurz, Hall & Kurz, all of Chicago, Ill., for defendants-appellants.


    Court: Court of Appeals for the Seventh Circuit Docket: 88-3339
  10. United States v. Marvin Berkowitz (1991)

    A jury convicted Marvin Berkowitz of two counts of obstruction of justice, 18 U.S.C. Sec. 1503, and one count of stealing government property, 18 U.S.C. Sec. 641. Berkowitz appeals, contending that the district court erred by denying his motion to suppress evidence, that certain actions by the district court deprived him of the assistance of counsel, that when he did have counsel he provided ineffective assistance, and that the district court improperly sentenced him. 712 F.Supp. 707. [...]

    Court: Court of Appeals for the Seventh Circuit Docket: 89-2125
  11. Kimberly Hern Troupe v. The May Department Stores Company (1994)

    William M. Walsh, Sonnenschein, Nath & Rosenthal, Chicago, IL, Ronald J. Dolan, Lori Kay Cochran, Betty L. Thorne (argued), May Dept. Stores, St. Louis, MO, for defendant-appellee.


    Court: Court of Appeals for the Seventh Circuit Docket: 93-2523
  12. Mars Steel Corporation v. Continental Bank N.A. (1989)

    C. Steven Tomashefsky (argued), Jenner & Block; Thomas R. Meites, Meites, Frackman & Mulder; Arthur J. Howe, Schopf & Weiss, Chicago, Ill., for amicus curiae Chicago Council of Lawyers.


    Court: Court of Appeals for the Seventh Circuit Docket: 88-1554
  13. United States v. Gary R. George (2005)

    Gary George served in Wisconsin's Senate for 23 years, acquiring considerable influence over public expenditures. He was indicted in 2003 on charges that he accepted kickbacks in exchange for exercising that influence, which extended over federal grants as well as programs financed by state revenues. He pleaded guilty to violating 18 U.S.C. § 371 (conspiracy to defraud the United States) as part of a bargain in which the prosecutor dismissed all other charges, and he was sentenced to [...]

    Court: Court of Appeals for the Seventh Circuit Docket: 04-3099
  14. United States v. Rigoberto Moya-Gomez Celestino Orlando Estevez Amado Raphael Leon Adalberto Herrera (1988)

    The appellants are five defendants who were convicted of various offenses under the federal narcotics laws. Their appeals raise a plethora of difficult issues for our consideration. We affirm the convictions of all defendants. However, we vacate Menelao Orlando Estevez' sentence and remand his case to the district court for resentencing.


    Court: Court of Appeals for the Seventh Circuit Docket: 87-1262
  15. United States v. Phyliss Briscoe (1990)

    This is the consolidated appeal of fourteen individuals who, based on their involvement in a heroin importation and distribution conspiracy, were convicted of various offenses under the federal narcotics laws. On appeal, they raise a number of arguments challenging their convictions and/or sentences. We affirm.


    Court: Court of Appeals for the Seventh Circuit Docket: 87-2601
  16. 53 Fair empl. prac. cas. 1522 v. Upjohn Company (1990)

    Ralph Shager appeals from the dismissal of his suit under the Age Discrimination in Employment Act (29 U.S.C. Secs. 621 et seq.), following a motion for summary judgment made by his former employer, the Asgrow Seed Company, and its successor and codefendant, Upjohn Company. The grant of summary judgment was proper only if, on the facts before the district judge, taken as favorably to Shager as the evidence permitted, no reasonable jury could conclude that Asgrow had fired him because of [...]

    Court: Court of Appeals for the Seventh Circuit Docket: 89-3642
  17. United States v. Daniel P. Taglia and Robert J. McDonnell (1991)

    Thomas M. Durkin, Daniel W. Gillogly, Asst. U.S. Atty., Morris Pasqual, Bilaisis Vilija, Asst. U.S. Atty., Barry R. Elden, Asst. U.S. Atty., Criminal Receiving, Appellate Div., Chicago, Ill., for plaintiff-appellee.


    Court: Court of Appeals for the Seventh Circuit Docket: 89-2188
  18. United States v. James R. Wagner (1996)

    We write to clarify the standard for determining whether to accept a motion by a criminal defendant's lawyer to withdraw from representing the defendant on appeal on the ground that there are no nonfrivolous grounds for appealing. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Most of the case law concerns the adequacy of the brief that the lawyer is required to file in support of the motion, identifying the grounds that he might have raised in an appeal brief [...]

    Court: Court of Appeals for the Seventh Circuit Docket: 96-2573
  19. Barbara Payne v. Michael Pauley (2003)

    Upon learning that her fifteen-year-old son had crashed a truck into a house, Barbara Payne rushed to the scene of the accident. There she encountered Chicago Heights Police Officer, Michael Pauley. Both parties dispute what happened in the ensuing forty-five minutes, but at the end of the day, Payne had been arrested, handcuffed, and driven to the Chicago Heights police station. Payne alleges that Pauley violated 42 U.S.C. § 1983 by arresting her without probable cause and by using [...]

    Court: Court of Appeals for the Seventh Circuit Docket: 02-2674
  20. Saleh Capric v. John D. Ashcroft (2004)

    COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Mary L. Sfasciotti (Argued), Chicago, IL, for Petitioners.


    Court: Court of Appeals for the Seventh Circuit Docket: 02-3172

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