Articles

Double jeopardy principles not violated in OWI enhancement

A man with a record for driving under the influence was denied in his appeal to correct his enhanced sentence as a result of his adjudication as a habitual vehicle substance offender. An appellate court affirmed no double jeopardy violation in relying on his prior convictions to support the adjudication. 

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7th Circuit upholds drug dealer’s career criminal ruling

The 7th Circuit Court of Appeals affirmed a determination that man convicted for drug-related offenses was a career offender under § 4B1.1 of the United States Sentencing Guidelines and that a corresponding enhancement was appropriately applied to his sentence, rejecting his interpretation of the statute.

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7th Circuit reverses unwarranted gun sentence enhancement

The fact that drugs and guns were in the same place at the same time wasn’t enough to prove a man should have received a sentence enhancement for his convictions, the 7th Circuit Court of Appeals ruled, finding no connection between his felony cocaine possession and firearms.

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7th Circuit finds leadership enhancement harmless error

An Indianapolis furniture salesman who used his business as a front for selling cocaine and heroin persuaded the 7th Circuit Court of Appeals to buy his argument that he did not have a leadership role in the drug operation, but his 30-year sentence was still affirmed.

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Aggravators can’t include nonadjudicated juvenile actions, COA says

In granting a petition for rehearing Thursday, the Indiana Court of Appeals explicitly came down against using juveniles' nonadjudicated contacts with the criminal justice system as an aggravating factor in future sentencing. However, in light of other evidence of the petitioner’s criminal history, the court reaffirmed its prior decision to uphold a man’s sentence.

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Hobart ex-funeral home treasurer gets probation for misused funds

A former treasurer of a defunct northwestern Indiana funeral home who allegedly misused funds set aside for customers’ funerals has been placed on probation for a year and ordered to pay more than $15,000 in restitution. Jacqueline A. Kraft, 68, pleaded guilty Wednesday to one felony count of theft and was sentenced to a year in jail, but that sentence was suspended.

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