Case law

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  • United States v. James Schnell

    Court of Appeals for the Seventh Circuit · Nov 12, 2009

    Accordingly, the court reasoned, Indiana law did not speak to Schnell’s contention that he did not have a qualifying conviction.   … In addition, Schnell has neither sought nor received the restoration of his civil rights through the procedure established in 18 U.S.C. § 925(c).

    Cited 0 timesUnpublished
  • United States v. Tyrone Kirklin

    727 F.3d 711 · Court of Appeals for the Seventh Circuit · Aug 15, 2013

    According  to  Kirklin,  the  district  court’s  fail‐ ure  to  explicitly  require  that  the  government  establish  that  the defendant intended to further the use of the weapon (as  opposed  to  only  aiding  the  bank … The law was clearly against  him. 

    Cited 33 timesPublished
  • Deborah Jackson v. Payday Financial, LLC

    764 F.3d 765 · Court of Appeals for the Seventh Circuit · Aug 22, 2014

    It is clearly “unreasonable” under the standard articu- lated in M/S Bremen. … Therefore, a nonmember’s consent to tribal authority is not sufficient to establish the jurisdiction of a tribal court.

    Cited 172 timesPublished
  • United States v. Ralph R. Ross

    917 F.2d 997 · Court of Appeals for the Seventh Circuit · Nov 5, 1990

    Under Ranney, mere knowledge that the pistol is a firearm in the general sense (it clearly is) is enough to convict. … A hand grenade is obviously a dangerous weapon, but it is not a firearm in the ordinary sense of the term even though it is clearly a "firearm" under the Act.

    Cited 19 timesPublished
  • United States v. Ronald T. Schaefer

    384 F.3d 326 · Court of Appeals for the Seventh Circuit · Sep 13, 2004

    Judge Barker also noted that relevant conduct, to qualify as such, must be within the scope of the scheme to defraud. … Thus, she concluded that, even if Count Two should not be included with the charged conduct, it would still qualify on the same grounds as the uncharged conduct.

    Cited 13 timesPublished
  • Spears v. Atchison, Topeka & Santa Fe Railway Co.

    255 F.2d 780 · Court of Appeals for the Seventh Circuit · May 27, 1958

    The jury’s determination of which opinion is right is clearly within its function as the trier of the facts. … “It does not require the citation of authorities to establish the proposition that appellants, having adopted and used this identical hypothetical question in the examination of their expert witnesses, will not be heard to

    Cited 1 timesPublished
  • Harrington, Richard v. City of Chicago

    Court of Appeals for the Seventh Circuit · Jan 3, 2006

    No. 04-4326 5 Rule 59(e), by contrast, requires that the movant “clearly establish” one of the aforementioned grounds for relief. Romo v. … Because Boyd filed the motion within ten days of the entry of judgment, the motion could procedurally qualify as a Rule 59(e) motion. See Fed. R. Civ. P. 59(e); Ball v.

    Cited 0 timesPublished
  • United States v. Sorich, Robert

    Court of Appeals for the Seventh Circuit · Apr 15, 2008

    If Con- gress desires to go further, it must speak more clearly than it has. Nos. 06-4251, 06-4252, 06-4253 & 06-4254 7 Congress then spoke. … Showing misuse for private gain means showing an intent to reap private gain; it is well established that a fraudulent scheme that does not actually cause harm is still actionable. See Durland v.

    Cited 0 timesPublished
  • Aaron M. Rosenberg v. Redflex Traffic Systems, Inc.

    Court of Appeals for the Seventh Circuit · Mar 12, 2018

    But these details alone are not enough to establish that his allega‐ tions  are  not  substantially  similar  to  the  publicly  disclosed information.  … The OIG requested Rosenberg submit for an interview and provide information in exchange for an express immunity agreement. 

    Cited 0 timesPublished
  • United States v. Joseph Pace, Anthony Besase, Christ Savides, Donald Smith, John Cialoni, and Robert Wilson

    898 F.2d 1218 · Court of Appeals for the Seventh Circuit · Mar 15, 1990

    We conclude *1227 that the more deferential clearly erroneous standard is proper. … These findings are not clearly erroneous.

    Cited 179 timesPublished
  • BMD CONTRACTORS v. Fidelity and Deposit Co. of Md.

    679 F.3d 643 · Court of Appeals for the Seventh Circuit · May 11, 2012

    Establishing a specific time frame in which payment must be made is the hallmark of pay-when-paid clauses. … The surety bond in Culligan did not contain similar qualifying language.

    Cited 36 timesPublished
  • H-D Michigan, LLC v. Hellenic Duty Free Shops S.A.

    694 F.3d 827 · Court of Appeals for the Seventh Circuit · Sep 5, 2012

    Accordingly, we examine the language of the Agreement and interpret its terms under well-established principles of contract construction under Michigan law. … Moreover, because formal service of process under the Hague Convention or other provi- sions of law can take months, acceptance of DFS’s argu- ment would have the unfortunate effect of immunizing most foreign defendants from

    Cited 65 timesPublished
  • United States v. Bruce, Calvin

    Court of Appeals for the Seventh Circuit · Dec 18, 2008

    Bruce’s past criminal record qualified him as a career offender under Section 4B1.1 of the United States Sentencing Guidelines. … Thomas, 520 F.3d 729, 737 (7th Cir. 2007), establishes that Mr. Bruce waived his right to argue for a Kimbrough remand by failing to make that argument before the district court.

    Cited 0 timesPublished
  • White, Shelia v. HUD

    Court of Appeals for the Seventh Circuit · Feb 2, 2007

    White Established Her Claim for Discrimination Based on Familial Status. … Cir. 1992) (stating that the FHA was “not intended to ‘prevent a landlord from determining that a family is otherwise qualified before agreeing to rent to them’ ”) (quoting 134 Cong. Rec. H4681 (daily ed.

    Cited 0 timesPublished
  • United States v. Jeremiah Farmer

    38 F.4th 591 · Court of Appeals for the Seventh Circuit · Jun 28, 2022

    The government also offered sufficient evidence of other qualifying predicate crimes. … More precisely, Farmer asserts the trial ev- idence does not establish a “nexus” between his Latin Kings membership and the murders.

    Cited 17 timesPublished
  • Kerr-Mcgee Chemical Corporation v. Neil F. Hartigan, Attorney General of the State of Illinois, Defendant

    816 F.2d 1177 · Court of Appeals for the Seventh Circuit · Apr 9, 1987

    . § 2283 (1982), clearly authorizes the district court to issue an injunction under the circumstances of this case. … To establish that Illinois’ state court suit is an attempt to circumvent Brown and that an injunction therefore could issue, Kerr-McGee must show that the state is bound by Brown even though it was not a party to that suit

    Cited 33 timesPublished
  • United States v. Richard G. Wooley

    494 F.2d 206 · Court of Appeals for the Seventh Circuit · Mar 25, 1974

    The Government qualified him as an expert in the computation of income tax returns. He was present throughout the trial and heard the Government witnesses testify. … It was clearly established that defendant owed the tax set out in the summary exhibit only if he received all the items listed on the invoices.

    Cited 0 timesPublished
  • Matthews v. United States

    28 F.3d 1216 · Court of Appeals for the Seventh Circuit · Jul 7, 1994

    Establishment of Religion on Taxpayers Money, 620 F.2d 648 , 654 (7th Cir.1980) (prison chaplains at two different state institutions were in privity because they were employed by the U.S. … Although Matthews' claims were not labeled as ones for false imprisonment or malicious prosecution, we think they are clearly encompassed by those terms. Cf. United States v.

    Cited 1 timesUnpublished
  • Jeff Dupuy, Belinda Dupuy, Pilar Berman v. Bryan Samuels, Director, Illinois Department of Children and Family Services

    397 F.3d 493 · Court of Appeals for the Seventh Circuit · Feb 3, 2005

    He must, instead, [establish] a legitimate claim of entitlement to it.” (Emphasis added). … We leave it to the district court, in fashioning a remedy, to delineate with more preci *513 sion exactly who ought to qualify as a "career entrant.”

    Cited 113 timesPublished
  • United States v. Ruby Gardner

    211 F.3d 1049 · Court of Appeals for the Seventh Circuit · May 3, 2000

    Noting that its obligation is to prove intent, not motive, 2 the Government counters that it presented circumstantial evidence to establish that Ms. Gardner had the requisite intent. … If a statute clearly indicates on its face that Congress intended both statutory provisions to be applied for the same conduct, then the statute controls.

    Cited 38 timesPublished

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