Legal News

USA vs. Tommy Webster

Tommy Lee Webster, Jr. was charged in the South Bend Division in the Northern District of Indiana in an indictment that alleged: possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1); possession of a firearm in furtherance of a drug trafficking offense, in violation of 18

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Remand Even With Below Guidelines Sentence

Carl Morris pled guilty to one count of distribution of crack cocaine, in violation of 21 U.S.C. § 841(a)(1). Although the district court sentenced him below the guidelines range, it did so without addressing his principal arguments in mitigation. Because the court did not consider Morris’ arguments in deciding his

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Prosecutor, then Judge, then Remand

The Seventh Circuit ruled today that the public’s confidence in the federal judiciary might be undermined if the Judge, who once served as the defendant’s prosecutor, sentenced the same defendant in a case before her. Judge Posner, writing for the Court in in USA v. Jessie A. Smith ruled that

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Special Conditions of Supervised Release

In USA v. Jeremy S. Cary, the 7th Circuit held that the special conditions of supervised release “must: (1) be reasonably related to the factors identified in § 3553(a), include the nature and circumstances of the offense and the history and characteristics of the defendant; (2) involve no greater deprivation

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Withdrawing from a Federal Plea Agreement

Typically, once you enter a plea agreement (especially in federal court) the defendant is stuck. Federal Judges do a great job making sure the defendant’s plea is knowingly, voluntary and with full understanding of the consequences. USA v. Siamak Fard is a case about how difficult the plea process really

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$495,744

Abdel Alsharfa and Tristan Elcock were definitely up to something. And, they had no real explanation why they were carrying almost $500,000 in cash. But, they broke no laws. The (nonprecedential) opinion merely says they were stopped by a State Trooper while driving through Illinois. While the trooper spoke with

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