Details may follow, possibly next week after a brief late-summer/early fall vacation.
FRONTONE, JOHN F. v. IRS (CD Ill.)
LOPEZ-CHAVEZ, JOSE L v. ASHCROFT, JOHN D. (On Petition for Review of an Order of the Board of Immigration Appeals.)
USA v. ALLEN, DAVID (SD Ind., Judge Hamilton)
Before FLAUM, Chief Judge, and BAUER and SYKES, Circuit Judges.USA v. WASHBURN, SHAWN R. (ND Ind., Judge Sharp)
SYKES, Circuit Judge. David L. Allen was convicted in the Southern District of Indiana of possession of a firearm and ammunition by a felon. He challenges the sufficiency of the government’s evidence that he had previously been convicted of a felony. That evidence consisted of a 1995 Indiana abstract of judgment bearing the name “David L. Allen” and reflecting a felony conviction but containing no other information identifying the defendant. To link the 1995 judgment to Allen, the government introduced a 1999 Indianapolis arrest report bearing Allen’s thumbprint and a case number that corresponds to the 1995 conviction. Allen concedes that the 1999 document proves that he was arrested that year pursuant to a postconviction warrant issued on the 1995 case. He argues, however, that the arrest report is insufficient to establish beyond a reasonable doubt that he is the same David L. Allen who was convicted in the 1995 case.The question of the sufficiency of the evidence of a defendant’s identification to a prior felony conviction is one of first impression in this circuit. Other circuits are split on whether a name alone is sufficient to identify a defendant to a judgment of conviction. The weight of authority, however, is on Allen’s side. We reverse.
Before CUDAHY, ROVNER, and DIANE P. WOOD, Circuit Judges.WASHINGTON GROUP v. BELL, BOYD & LLOYD (ND Ill.) Posted by Marcia Oddi at September 10, 2004 06:24 AM
ROVNER, Circuit Judge. Shawn R. Washburn pleaded guilty to one count of possessing with intent to distribute more than 50 grams of methamphetamine, 21 U.S.C. § 841(a)(1), pursuant to a conditional plea agreement. Under the plea agreement, Washburn reserved his right to challenge on appeal the district court’s denial of his motion to suppress evidence found during a search of his vehicle on November 6, 2002. We uphold the district court’s denial of his motion.