The BACK BENCHER Central District of Illinois Federal Defenders Vol. No. 45 Spring 2010 daily online or receive the slip opinions weekly in DEFENDER’S MESSAGE the mail, you might be unaware of this important change in the law for quite some time. The same is The law is continually changing, and it is the duty of true for opinions of the United States Supreme every criminal defense lawyer to know and Court. By subscribing to our listserv, you will understand the current state of the law. For many receive notification of important opinions the day panel attorneys, however, they must also stay they are issued. Did you know that the Senate abreast of changes in the many other areas of law in Judiciary Committee recently approved a bill which they practice, not having the luxury of eliminating mandatory minimums for simple specializing in a single area. As federal public possession of crack and reducing the crack/powder defenders, my staff and I are fortunate enough to disparity from 100:1 to 20:1? If you subscribe to focus solely on the federal criminal law. our listserv, you’ll know how this bill progresses Accordingly, we can read the daily opinions of the through Congress and what the final version, if it Seventh Circuit, follow legislative changes, and stay becomes law, provides. The listserv is the quickest, current with all the trends and changes in the law most up-to-date way for us to share information which affect our practice. It has always been a goal with you. Subscribers will also receive new issues of my office to share the expertise we have with the of The Back Bencher through the service, other members of our panel so that you can provide your publications my office produces, and information clients with the best representation possible. about upcoming CLE programs. Among the ways we attempt to accomplish that goal Another feature of the listserv is the ability of is this newsletter, our website (http://ilc.fd.org), and members to send out comments or questions to all our seminars. Notwithstanding these efforts, the other members of the group. Ever wonder if a changes in the law can occur which you need to so-called “policy” of the U.S. Attorney’s office is know about before the next issue of The Back uniformly applied by all the prosecutors in the Bencher or our next seminar. To fill in this gap, I district, or if instead the prosecutor is singling your am pleased to offer an additional support service, client out? Through the listserv, you can post a i.e., a free listserv email subscription service for question or comment to other group members and CJA Panel Attorneys and other federal criminal receive feedback from them. Have a novel motion practitioners. that was granted? You can share that with the group members too. I have said many times that The purpose of this listserv (free to you) is to being a federal criminal defense lawyer is a lonely provide you via email with up-to-date information profession. So often you stand alone with your useful in defending a criminal case. For example, client, up against the might of the United States on St. Patrick’s Day, the Seventh Circuit in United th Government. By sharing information with each States v. Corner, ___ F.3d ___ (7 Cir. 2010; No. other, we can help level the playing field. 08-1033), overruled United States v. Welton, 583 th F.3d 494 (7 Cir. 2009), holding that career Subscribing to the listserv is free and easy. If you offenders can seek a variance from the guideline have not already received an email invitation from range based upon the crack/powder disparity. me asking you to join, all you need to do is send an Unless you read the opinions of the Seventh Circuit email to the following address: P 2 Spring The BACK BENCHER [email protected]. You don’t need to write anything in the email. Just send an email to the address. After doing so, you will Dictum Du Jour receive an email from the listserv asking you to No one wants to nurse a partner and watch him or her die. confirm your request to join the group. Send a And yet, people do, because standing by someone in blank reply to that confirmation email and your sickness is the greatest expression of love there is. subscription will be complete. If you have any difficulty subscribing or other questions, feel free to ~ Anonymous call my office at (309) 671-7891, and we will assist you. Should you for any reason decide that you no * * * * * * * * * * longer wish to be a member of the group, you only need to send a blank email to “No matter where I go, I always carry a blazer. It is the [email protected], and you male version of a Chanel suit. Always appropriate, and in will automatically be removed from the listserv. an emergency, when worn with a tie, it can almost pass as a suit.” I sincerely hope you take advantage of this new ~ Tom Ford service. By sharing information and pooling our resources, we can further provide our clients’ their * * * * * * * * * * Sixth Amendment right to the effective assistance of counsel. “I have found out that there ain’t no surer way to find out Sincerely yours, whether you like people or hate them than to travel with them.” Richard H. Parsons ~ Mark Twain Federal Public Defender Central District of Illinois * * * * * * * * * * “Travel is glamorous only in retrospect.” Table Of Contents ~ Paul Theroux Churchilliana ................................ 2 * * * * * * * * * * Dictum Du Jour. ............................. 2 Churchill on Healthcare ....................... 5 In a time of universal deceit, telling the truth is a Wilkes - His Life And Crimes (continued). 9 revolutionary act. Supreme Court Update ....................... 2 0 CA-7 Case Digest ............................ 2 4 ~ George Orwell * * * * * * * * * * * CHURCHILLIANA If we say that we have fellowship with him, and walk in darkness, we lie, and do not live by the truth: 1st John 1:16 Class quarrels, endless party strife, on a background * * * * * * * * * * * of apathy, indifference, and bewilderment, will lead us all to ruin. Only a new surge of impulse can win us Everything we hear is an opinion, not a fact. Everything back the glorious ascendancy which we gained in the we see is a perspective, not the truth. struggle for right and freedom, and for which our forbears had nerved our hearts down the long aisles of ~ Marcus Aurelius time. Let us make a supreme effort to surmount our dangers. Let faith, not appetite, guide our steps. * * * * * * * * * * * – Sir Winston Churchill P 3 Spring The BACK BENCHER A road trip from Atlanta, Georgia to Valparaiso, Indiana, were killed after working with him, and his own life was requires driving some 685 miles. That’s not too bad if you in danger due to some sort of global financial conspiracy; have some company and a good radio. But it’s downright that he was business partners with the “controller of the frightening if your “company” includes 21 kilos of space station”; that he represented the governments of cocaine. That’s the position in which Loera found himself China, Russian, and Taiwan, and had met with finance when he sat down in the passenger seat of a Ford Explorer ministers all over the world; and that Bill Clinton and on the night of December 13, 2004. The driver, a woman Boris Yeltsin had personally made promises to him. named Angela Bennett, no doubt shared Loera’s fears. But money is a pretty good anti-anxiety medication, so, ~ United States v. Berry, with the promise of a big payday upon delivery, they hit ___ F.3d ___ (7th Cir. 2009; No. 07-3243). the road. * * * * * * * * * * * ~ United States v. Loera, Jr., ___ F.3d ___ (7th Cir. 2009; No. 08-2324). As far as pro se defenses go, it wasn’t the worst we’ve seen. Berry managed to lodge objections, cross-examine * * * * * * * * * * * witnesses, call a witness of his own, and make opening and closing statements. He didn’t call himself as a After taking three steps towards the cruiser, Carmin turned witness, but by choosing to represent himself was on his heels, freezing Bennet in position as she was effectively able to testify throughout the trial without reaching to put the truck in gear. Playing Columbo to facing cross-examination. But to say that it wasn’t an perfection, Carmin had “just one more thing.” Nothing unmitigated disaster for a pro se defense isn’t saying major, only a small matter of drugs–were they carrying much. Berry’s decision to ride solo was clearly a poor any? Bennett responded that they were not and agreed to one. At best, his performances served as a distraction a search of the vehicle. That was the nail in the coffin. from the government’s case, doing little (if anything) to Bloom showed up with his drug dog, which alerted to the undermine it. presence of cocaine in a hidden compartment built into the floor of the rear cargo area. Carmin lifted the trap door to ~ United States v. Berry, reveal several packages, wrapped in black duct tape, ___ F.3d ___ (7th Cir. 2009; No. 07-3243). emanating an “overwhelmingly strong odor of raw cocaine.” [Footnote: Some of the packages had stickers * * * * * * * * * * * warning “No Fumar,” Spanish for “No Smoking.” That’s curious–powder cocaine is normally snorted, not The prosecutor’s reference to The Godfather does not smoked–but perhaps this was some kind of marketing approach impropriety. It would be one thing if the strategy.