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7th Circuit Digest

Nov 12, 2018

Plea Withdrawal

At sentencing Tyree M. Neal, Jr. asserted that he was not guilty of conspiring to distribute cocaine because the facts, as he saw them, did not demonstrate that he agreed with others to buy and sell cocaine.

Nov 12, 2018

Statutory Interpretation – Collective Arbitration

Pamela Herrington filed class and collective actions against Waterstone Mortgage Corporation, her former employer, for wage and hour violations.

Nov 12, 2018

FDCPA Violation – Arbitration Agreement

Synchrony Bank hired GC Services Limited Partnership to collect a debt Francina Smith purportedly owed on her Sam’s Club credit card.

Nov 6, 2018

Due Process Violation

Does a six month delay between a property inspection and notice of a municipal ordinance citation violate due process?

Nov 6, 2018

Statutory Interpretation – Restitution

David Price was convicted of 13 criminal charges related to a heroin distribution conspiracy he operated in Chicago.

Nov 6, 2018

Sentencing Guidelines

Marcos Castaneda pleaded guilty to transporting methamphetamine as part of a 20-person conspiracy.

Nov 6, 2018

FDCPA Violation

Mario Loja sued Main Street Acquisition Corporation and law firm Shindler & Joyce (collectively, “Main Street”) for violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and the Illinois Collection Agency Act, 225 ILL. COMP. STAT. 425/1 et seq.

Nov 5, 2018

Motion to Suppress Evidence Denied

Law enforcement officers detained and frisked defendant-appellant Fausto Lopez after observing him and his brother load paper bags into Lopez’s garage.

Nov 5, 2018

Probable Cause – Warrant for DNA Samples

Dwayne Daniels conditionally pleaded guilty to bank robbery, reserving his right to appeal the district court’s denial of his motion for a hearing under Franks v. Delaware, 438 U.S. 154 (1978), to probe the credibility of the FBI agent who procured a warrant for samples of his DNA.

Nov 5, 2018

ECOA Violation – Discrimination

Mario and Tiffiny Sims, an African‐American couple, purchased a house in South Bend, Indiana, that they later discovered was subject to a mortgage that the seller had stopped paying.

Nov 5, 2018

Sentencing – Supervised Release

Michael Clark pleaded guilty to distributing fentanyl.

Nov 5, 2018

Habeas Corpus

In 1999, petitioner-appellant Thomas Clark was convicted of two counts of first-degree murder and one count of robbery.

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