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Opinions Aug. 1, 2014

August 1, 2014
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7th Circuit Court of Appeals
United States of America v. Constantino Cejas and Nicholas Ceja
12-3896 & 13-1034
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane E. Magnus-Stinson
Criminal. Affirms brothers’ convictions for conspiring to distribute drugs, possessing and distributing 50 grams or more of methamphetamine and possessing a firearm to further their drug activity. Also affirms Constantino’s sentence of 480 months imprisonment. Rules the video taken outside the home where the drug deal occurred was properly authenticated and was not barred by Federal Rule of Evidence 403. Finds there was sufficient evidence to convict Nicholas for possession with intent to distribute and distribution of methamphetamine. Finally, concludes Constantino’s second firearm possession conviction did not violate double jeopardy and congressional intent.

The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions by IL deadline.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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