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7th Circuit Digest

May 20, 2019

Jury Instructions

Bernard Cherry appeals his conviction as a felon in possession of a firearm on the ground that the district court erred by not giving the jury his proposed “innocent possession” instruction.

May 20, 2019

Sentencing Guidelines

The government charged defendant‐ appellant Nikesh Patel with five counts of wire fraud, in violation of 18 U.S.C. § 1343, for his role in selling $179 million in fraudulent loans to an investment advisor.

May 20, 2019

Immigration – Removal Order

The task of identifying a “crime involving moral turpitude” has vexed courts and agencies for decades, if not centuries.

May 20, 2019

Statutory Interpretation

In 1996 Rafaela Aldaco pleaded guilty to battery and received a sentence of six months’ supervision, a diversionary disposition under Illinois law.

May 20, 2019

ALJ Error – Disability Benefits

A mother contests the decision that her minor son (whom we refer to as L.D.R.) did not qualify for social security disability benefits until second grade.

May 13, 2019

2nd Amendment Violation – Privileges and Immunities Clause

Before us is a challenge to the scheme Illinois has enacted to license the concealed carry of firearms.

May 13, 2019

Limited Remedy – Uniform Commercial Code

Decades ago, the Wisconsin Supreme Court interpreted two limited remedy provisions of the Uniform Commercial Code in Murray v. Holiday Rambler, Inc., 265 N.W.2d 513 (Wis. 1978).

May 13, 2019

Abuse of Discretion – Jurisdiction

Brock Industrial Services, LLC, is an Illinois-based provider of industrial services, including scaffolding, painting, insulation, and shoring.

May 13, 2019

Probable Cause

Deandre Cherry’s heroin customers had been complaining about the poor quality of his supply, so on a rainy night in May 2012, he drove into a parking lot in Markham, Illinois hoping to exchange his inventory of low‐ quality heroin for a better supply of cocaine that his supplier had just picked up at O’Hare airport.

May 6, 2019

ALJ Error – Disability Benefits

Bettie Burmester applied for disability insurance benefits claiming she was unable to work due to physical impairments affecting her joints, chronic pain, and poor mental health.

May 6, 2019

Easement

In this diversity action, plaintiff Stephen West contends that the addition of a fiber optic communications wire to a utilities transmission tower on his property exceeds the scope of the utilities easement that authorized the tower.

May 6, 2019

Unlawful-stop Claim

Officer Sweeney pulled Arriba Lewis over for following too closely.

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