Sentencing — above guidelines, plea agreement

Posted December 8, 2016 1:42 PM

Where there is no presumption that an above-guidelines sentence is unreasonable, the lower court order was affirmed.The 7th U.S. Circuit Court of Appeals affirmed a decision by Chief U.S. District Judge William C. Griesbach, Eastern District of Wisconsin.From 2006 until 2013, Lisa Lewis fraudulently held herself out as an account representative with Fidelity Investments to at least a dozen investors whose ages ranged from 75 to 92. Although she had been a registered broker with the Financial Industry Regulatory Authority …

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Probate — statute of limitations

Where a party seeks its right as a putative spouse against a decedent’s estate, it must file within two years of the death or the petition is untimely.
Criminal procedure — plea agreement

Where district court rejected binding plea agreement, court did not abuse its discretion or improperly insert itself into plea agreement negotiations.
Criminal procedure — waiver of counsel

Where defendant waives his right to counsel, the court must provide admonishments under Illinois Supreme Court Rule 401(a) at that point in time, prior admonishments do not suffice.
Jail — suicide

Where detainee told jail officers he was not considering suicide, and jail took precautions to frequently observe detainee for unusual behavior, detainee’s suicide did not render jail’s precautions constitutionally inadequate.
Civil procedure — additur

Where a court agreed to alter a jury award under additur as inconsistent with the verdict, the court must either obtain the defendant’s consent or initiate a new trial on damages.
Social Security — detail of ALJ opinion

Where social security claimant argued ALJ included insufficient amount of medical record in decision, panel rejected argument, finding that summary was enough to support ALJ’s reasoning.
Torts — proximate cause

Where plaintiff is injured when a person crashes their car into a business plaintiff is patronizing, the incident may be foreseeable and does not preclude proximate cause by the business.
Sentencing — application note

Where court declined to revisit precedent deferring to application note’s interpretation of provision of Sentencing Guidelines.