Case law

United States v. Edward Fleming and Joseph Rolenc, United States of America v. $10,000 in U. S. Currency and One 1980 Cadillac, Joseph Rolenc, Claimant-Appellant

677 F.2d 602 · Court of Appeals for the Seventh Circuit · Jun 7, 1982

There the search of a 200-pound footlocker, more than an hour after it had been taken from a car's trunk and also after defendants had been locked in jail cells, was too remote in time and space from the initial arrest to qualify … They clearly were.

Renetrice Pierre v. Midland Credit Management

Court of Appeals for the Seventh Circuit · Apr 1, 2022

Spokeo and TransUnion established that a bare statutory vi- olation is not necessarily enough to support standing. … established law); Williams v.

Walter Stewart v. Howard Peters, III

958 F.2d 1379 · Court of Appeals for the Seventh Circuit · Apr 17, 1992

City of Bessemer, 470 U.S. 564, 574 , 105 S.Ct. 1504, 1511 , 84 L.Ed.2d 518 (1985), that the clearly erroneous rule applies to appellate review of a district judge’s finding of fact even when the finding is based purely on … murder that requires intent to kill, he placed his head in the noose because, since there were two murders and anyone who murders two people intending to murder both of them can be sentenced to death, the state in order to “qualify

United States v. Johnson

680 F.3d 966 · Court of Appeals for the Seventh Circuit · May 24, 2012

Seibert was clearly in custody and the officers engaged in interrogation lasting thirty to forty minutes. See id. … Johnson acknowledges that his aggravated robbery conviction qualifies as a crime of violence.

Illinois South Project, Inc. v. Donald P. Hodel, Secretary of the Interior

844 F.2d 1286 · Court of Appeals for the Seventh Circuit · Mar 30, 1988

. §§ 1201-1328 , establishes rules for the strip mining of coal. See Hodel v. Virginia Surface Mining & Reclamation Ass’n, 452 U.S. 264 , 101 S.Ct. 2352 , 69 L.Ed.2d 1 (1981). … The Secretary further believes that the use of the qualifier “apparent” means that the applicant’s good-faith effort must be obvious; that is, it must be plainly evident from the application itself.

Rhonda Ezell v. City of Chicago

Court of Appeals for the Seventh Circuit · Jul 6, 2011

Once  standing  is  established,  the  plain‐ tiff’s personal situation becomes irrelevant.  … Finally,  the  majority dismisses some of the laws because they were clearly aimed at fire suppression, which the majority believes would not be a concern at a safely sited and properly equipped firing range.

United States v. Anthony Esposito

523 F.2d 242 · Court of Appeals for the Seventh Circuit · Sep 16, 1975

There was a question put about Crimaldi’s employment as a juice loan collector, which he was clearly reluctant to confirm or deny. … As has already been discussed, the tape does not establish that Crimaldi worked in the juice loan business to the exclusion of his work as a plumber.

Johnson v. Washington

119 F.3d 513 · Court of Appeals for the Seventh Circuit · Jul 9, 1997

This circumstantial evidence established that Johnson was involved in the crime at the Concord Oil station, which is located two miles from the Unocal station. Johnson put on only one witness in his defense. … The grand jury testimony clearly satisfies paragraph (c)(1).

J.K.J. v. Polk County, Wisconsin

Court of Appeals for the Seventh Circuit · Jun 26, 2019

a widespread county practice).7 Likewise, 7 On a number of occasions this court has considered the quantity and frequency of violations required to qualify as a “widespread” pattern or practice in a correctional facility … Immunity pro‐ tects officials who act at the “hazy border” between the lawful and the forbidden. Riccardo v. Rausch, 375 F.3d 521, 526 (7th Cir. 2004) (citation omitted).

United States v. Driefus Harbin, A/K/A Omar, Herman Hicks, A/K/A Herm, and Radar Tyler, A/K/A Big Dar

250 F.3d 532 · Court of Appeals for the Seventh Circuit · May 8, 2001

He was instead a qualified, presumptively-impartial juror who was removed at the discretion of the prosecution without cause. … In each instance, the framework in which the trial proceeds is fundamentally altered, with an effect that is difficult to establish.

United States v. James Trigg, Todd Warren and Stephen C. Krex

119 F.3d 493 · Court of Appeals for the Seventh Circuit · Jul 8, 1997

properly exercised its discretion” in case in which defendant “had a negative net worth and a monthly cash flow of zero”); Simpson, 8 F.3d at 551 (affirming restitution order for over $4 million because “[t]he district court clearly … Warren qualified as a minor *504 participant. See United States v. Lampkins, 47 F.3d 175, 180-81 (7th Cir.), cert. denied, 514 U.S. 1055 , 115 S.Ct. 1440, 131 L.Ed.2d 319 (1995).

Planned Parenthood of Indiana v. Jerome Adams

Court of Appeals for the Seventh Circuit · Aug 27, 2019

None of the district court’s findings are clearly erroneous. … It is not clearly erroneous. Indeed, the finding parallels the district court’s finding in Casey that the Supreme Court credited.

Gonzalez, Carlos v. O'Connell, Cynthia

Court of Appeals for the Seventh Circuit · Jan 21, 2004

“[W]here Congress has not clearly required exhaustion, sound judicial discretion governs.” McCarthy v. Madigan, 5 503 U.S. 140, 144 (1992). … Specifically, Gill held that the definition of “convic- tion” for immigration purposes is governed by 8 U.S.C. § 1101(a)(48)(A), and that a probationary disposition under 720 ILCS 570/410 following a plea of guilty qualifies

United States v. Valerie Parker

96 F.3d 1450 · Court of Appeals for the Seventh Circuit · Aug 30, 1996

[is] sufficient to establish that [d]efendant's crime affected interstate commerce"), cert. denied, 116 S.Ct. 966 (1996). … The prosecutor's explanation for why he exercised the peremptory challenge is plausible, and there is no evidence that would support an argument that the district court's decision is clearly erroneous.

United States v. Seymour, Andre

Court of Appeals for the Seventh Circuit · Mar 24, 2008

California, 127 S.Ct. 856 (2007), expanded the language of Apprendi and established that “any fact that exposes a defendant to a greater potential sentence must be found by a jury, not a judge, and established beyond a reason … Smith transported the gun in its black case, which had the name of the gun manufacturer, Intra Tec, written clearly on the outside of it.

Jesus Arreola-Castillo v. United States

889 F.3d 378 · Court of Appeals for the Seventh Circuit · May 3, 2018

The provision also establishes the burden of proof (prepon- derance of the evidence) with respect to any factual issues raised in the response. Id. … Elder, 840 F.3d 455 (7th Cir. 2016), we suggested that an individual may challenge the ex- istence of a qualifying conviction without impermissibly chal- lenging the validity of the prior conviction.

Planned Parenthood of Indiana v. Jerome Adams

Court of Appeals for the Seventh Circuit · Aug 27, 2019

None of the district court’s findings are clearly erroneous. … It is not clearly erroneous. Indeed, the finding parallels the district court’s finding in Casey that the Supreme Court credited.

United States v. John Shorter, A/K/A Leon J. Johnson, A/K/A Larry Johnson, and Jerre Tanksley

54 F.3d 1248 · Court of Appeals for the Seventh Circuit · May 4, 1995

First, it qualifies as an admission and is thus not hearsay. United States v. … A conspiracy may be established even if its purpose was not accomplished.

United States v. Johnson

123 F.2d 111 · Court of Appeals for the Seventh Circuit · Sep 15, 1941

He qualified as an expert accountant and that he had been in the employ of the Government as a Revenue Agent for five years. … He is an accomplice, and his motive is to obtain immunity. However, he adds a new phase to the case. He tells the story of the inside working of the crimes.

United States v. Ledcke, Shawn

231 F. App'x 507 · Court of Appeals for the Seventh Circuit · Jul 23, 2007

The court concluded that the indictment underlying Ledcke’s reckless homicide conviction sufficiently established that the offense was a “crime of violence,” reasoning that the indictment satisfied § 4B1.2(a)(2) by “quite … clearly requir[ing] recklessness.”