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Michael J. Petro
Chicago
Chicago Criminal Defense Attorney
Recent Activity
Relevant Conduct in a Drug Case Explained
United States v. Roberta “Mama Bear” Draheim and Tom Lewis, Nos. 19-1262 & 19-1911. Click Here for Opinion “Mama Bear” was a drug dealer in northern Wisconsin. Her meth conspiracy was long lasting and involved overseeing nearly 40 multi-pound packages.... Continue reading
Posted May 22, 2020 at 7th Circuit Criminal Law Alert
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New Amendments to Illinois Juvenile Transfer Statute Applies Retroactively to All Pending Criminal Cases
Chicago Criminal Lawyer Michael J. Petro explains why the new amendments to Illinois Juvenile Transfer Statute applies retroactively to all pending criminal cases. Continue reading
Posted Dec 1, 2016 at 7th Circuit Criminal Law Alert
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Mail Fraud, a Barber Who Don't Cut Hair Strait and the "Lulling Letter" Doctrine
Chicago White Collar Attorney Michael J. Petro discusses the mail fraud, a barber who don't cut hair strait and the "lulling letter" doctrine. Continue reading
Posted Nov 16, 2016 at 7th Circuit Criminal Law Alert
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The Fourth Amendment and the "Third Party Doctrine."
Chicago Search and Seizure Attorney Michael J. Petro discusses Search Warrants, Illegal Searches and the "Third Party Doctrine." Continue reading
Posted Oct 20, 2016 at 7th Circuit Criminal Law Alert
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Honest Services Fraud and the Definition of "Official Acts": Rules Every Public Official Must Know!
White Collar Attorney Michael J. Petro discusses rules public officials must know to avoid corruption charges for "official acts." Continue reading
Posted Oct 11, 2016 at 7th Circuit Criminal Law Alert
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Cross Examination of Fingerprint Expert and the Confrontation Clause: Tips and Tricks
Chicago Criminal Defense Attorney Michael J. Petro discusses why cross-examination of a Fingerprint Expert on the "Brandon Mayfield" misidentification case is NOT Allowed! Continue reading
Posted Sep 21, 2016 at 7th Circuit Criminal Law Alert
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"God Forgives, Outlaws Don't." Federal Criminal Forfeiture 101
US v. Joshua N. Bowser. Appeal of: Bradley W. Carlson. No. 15-2258. This appeal involves the government's efforts to seize personal property bearing the insignia of the Outlaws Motorcycle Club (the "Outlaws"), and the effort of a representative of the... Continue reading
Posted Sep 9, 2016 at 7th Circuit Criminal Law Alert
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Attorney-Client Privilege May Block Subpoena to Client’s Accountant
Grand Jury Subpoena to Client's Accountant: Attorney-Client Privilege May Block Production In the Matter of GRAND JURY PROCEEDINGS Nos. 99-3131, 99-3317. A grand jury investigating alleged tax fraud by Dr. Basaam Osman subpoenaed numerous documents from two accounting firms hired... Continue reading
Posted Aug 26, 2016 at 7th Circuit Criminal Law Alert
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Writ of Coram Nobis – Boilerplate Rules You Need to Know!!
US v. Brian Wilkozek, No. 15-1537. In 2003 Brian Wilkozek pleaded guilty to one count of mail fraud for his participation in a mortgage-fraud scheme. By the time the third-party lenders uncovered the scheme, all they could do was foreclose... Continue reading
Posted Aug 8, 2016 at 7th Circuit Criminal Law Alert
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Busted! DEA’s Use of “Stingray” Cell Phone Locator Without a Warrant is Illegal!
US v. Raymond Lambis, 15cr734 (SDNY, Judge Pauley, July 12, 2016). In 2015, the Drug Enforcement Administration (the “DEA”) conducted an investigation into an international drug-trafficking organization. As a part of that investigation, the DEA sought a warrant for pen... Continue reading
Posted Jul 13, 2016 at 7th Circuit Criminal Law Alert
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28 U.S.C. § 455 - Judge's Failure to Recuse Himself Leads to REVERSAL
US v. Jose Herrera-Valdez, No. 14-3534 Jose Gustavo Herrera-Valdez was prosecuted for illegal reentry after being deported. Before trial, he filed a motion to disqualify the District Court Judge from presiding over his prosecution because the judge served as the... Continue reading
Posted Jun 22, 2016 at 7th Circuit Criminal Law Alert
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U.S.S.G. § 2B1.1 Loss Amount Calculation: Money Paid Back to Victim Before Fraud Detected NOT Counted at Sentencing
USA v. Christian Peterson. No. 14-3716. Before running into legal trouble, Christian Peterson, an entrepreneur doing business in Madison, Wisconsin, owned several manufacturing and realestate development firms. He misused corporate finances, frequently making unauthorized intercompany loans and occasionally using corporate... Continue reading
Posted Jun 2, 2016 at 7th Circuit Criminal Law Alert
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Supreme Court Ends Government's Illegal Use of Pretrial Asset Forfeiture
Sila Luis v. US, No. 14-419. (United States Supreme Court March 30, 2016) A federal statute provides that a court may freeze before trial certain assets belonging to a criminal defendant accused of violations of federal health care or banking... Continue reading
Posted May 20, 2016 at 7th Circuit Criminal Law Alert
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Practice Tip: Always Poll That Jury!
US v. Lemurel Williams. 15-1194 (7th Cir. 2016). Lemurel Williams was convicted of being a felon in possession of a gun. We agree with Williams’s that a new trial is needed because the totality of the circumstances regarding the jury’s... Continue reading
Posted May 12, 2016 at 7th Circuit Criminal Law Alert
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Honest Services Fraud - "Value of Benefit Received" Explained
United States v. Harper, No. 14-2701. The defendant pleaded guilty to fraud consisting of her having abused her position as a member of a Chicago public-school board by accepting kickbacks of more than $500,000 from bus companies to which she... Continue reading
Posted Feb 11, 2016 at 7th Circuit Criminal Law Alert
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Eyewitness Identification - Landmark Decision Identifies Fallibility of Eyewitness Identifications
People of the State of Illinois v. Eduardo Lerma, No. 118496. Editor's Note - This is an Illinois Supreme Court Opinion. The issue is whether, in light of the specific facts and circumstances of this case, the circuit court of... Continue reading
Posted Feb 3, 2016 at 7th Circuit Criminal Law Alert
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USSG 2D1.(b)(12) Stash House Enhancement - Boilerplate Rules
US v. Acasio Sanchez. No. 15-1356 Acasio Sanchez pleaded guilty to conspiring to possess with intent to distribute and to distribute heroin and cocaine, 21 U.S.C. §§ 846, 841(a)(1), and was sentenced below the guidelines range to 40 months’ imprisonment.... Continue reading
Posted Jan 22, 2016 at 7th Circuit Criminal Law Alert
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Search Warrants and the Probable Cause determination - Boilerplate Rules
US v. Roger Aleshire, No. 15-1192. After a sleepover at the house of Roger Aleshire, a nine-year-old girl reported to her mother having a "dream" that Aleshire had pulled down her pajama bottoms and photographed her "privates". Her mother called... Continue reading
Posted Jan 6, 2016 at 7th Circuit Criminal Law Alert
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Michael J. Petro Argues in Seventh Circuit Court of Appeals
PRESS RELEASE (Chicago) – On November 18, 2015, Chicago Federal Criminal Defense Attorney Michael J. Petro will argue in the 7th Circuit Court of Appeals. US v. Acasio Sanchez, 15-1356. In his brief, Mr. Petro argues that the district court... Continue reading
Posted Dec 3, 2015 at 7th Circuit Criminal Law Alert
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Ostrich Instruction - Boilerplate Rules
UNITED STATES V. MACIAS, No. 13-2166 POSNER, Circuit Judge. The defendant was convicted of conspiring to distribute at least five kilograms of cocaine, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2, and of conducting an unlicensed... Continue reading
Posted Jul 6, 2015 at 7th Circuit Criminal Law Alert
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Brief Filed in 7th Circuit Court of Appeals: USSG 2D1.1(b)(12)
On June 15, 2015, Chicago Federal Criminal Defense Attorney Michael J. Petro filed his brief in the 7th Circuit Court of Appeals on behalf of Acasio Sanchez. USA v. Acasio Sanchez, No. 15-1356. Mr. Petro represented Mr. Sanchez in the... Continue reading
Posted Jun 22, 2015 at 7th Circuit Criminal Law Alert
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Federal Complaint and Detainer Do NOT Trigger Speedy Trial Clock
U.S. v. Richarson, No. 14-1901 In this case, due to a federal detainer the defendant was indicted on a felony charge of being in possession of both firearms and illegal possession of a submachine gun following receiving time served on... Continue reading
Posted May 4, 2015 at 7th Circuit Criminal Law Alert
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