Wednesday, December 05, 2012

Seventh Circuit -- USA v. Gregory Wolfe

Prosecutor praising intelligence of witness was borderline vouching, but not enough to imperil Fair Trial right.

Prosc's saying that a witness had nothing to lose was borderline, as it implied that the witness had been cleared by the govt investigation, but no serious error.

Prosc remark in closing that witness had eye for detail was substantiated by facts mentioned contemporaneous with remark.

Prosc claiming that all witnesses identified deft in video despite one witness' inability to make ID not prejudicial, as deft's attorney conceded ID in closing.

Sufficient evidence for proof of losses for sentencing bump.

Restitution is a civil penalty, not criminal, and therefore Apprendi doesn't apply.  Circuit split flagged.

USA v. Gregory Wolfe
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.