Sufficiency of Evidence

By: Derek Hawkins//August 1, 2016//

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Carey Ray

Case No.: 14-3799; 15-3193

Officials: FLAUM, EASTERBROOK, and SYKES, Circuit Judges.

Focus: Sufficiency of Evidence

Overwhelming evidence supports appellant conviction; judge modifies condition of supervised release despite pending appellate case and appellant sentence is vacated.

“A defendant who asks the judge to change one or a few conditions under §3583(e)(2) is entitled to waive his rights under Rule 32, and a given request might be understood to signify a desire to bypass a full hearing without the necessity of a formal waiver. But when the prosecutor is the one who proposes a change, no waiver by the defense can be implied. Ray protested the procedure and did not relinquish his rights under Rule 32.”

Conviction Affirmed

Sentence vacated and remanded

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Select Region or Brand

Upcoming Event