Legal Opinion

United States v. Brenda J. Cummings and David S. Morris

Court of Appeals for the Seventh Circuit

Decided January 13, 2005No. 03-2660, 03-2707, 03-3010PublishedCited by 25 opinions

1Opinion of the Court

KANNE, Circuit Judge.

A jury convicted Brenda Cummings and David Morris on two separate counts— count one, conspiracy to commit fraud using unauthorized access devices in violation of 18 U.S.C. § 1029(a)(2), and count two, conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962(d). The district court sua sponte ordered a new trial for the defendants on the RICO count, but we reversed because the district court did not have jurisdiction to order the new trial. On remand, the district court granted the defendants’ motions for downward departure and…

2Cases cited13 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Reves v. Ernst & YoungSupreme Court of the United States · 1993
  3. United States v. Freddie J. BookerCourt of Appeals for the Seventh Circuit · 2004
  4. McM Partners, Incorporated v. Andrews-Bartlett & Associates, Incorporated, Doing Business as Andrews-Bartlett Exposition ServicesCourt of Appeals for the Seventh Circuit · 1995
  5. United States v. Stanley Starks and Latray McMurtryCourt of Appeals for the Seventh Circuit · 2002

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3Cited by25 opinions

  1. United States v. SamuelsCourt of Appeals for the Seventh Circuit · 2008
  2. United States v. MacKayCourt of Appeals for the Tenth Circuit · 2013
  3. United States v. DabneyCourt of Appeals for the Seventh Circuit · 2007
  4. United States v. OlsonCourt of Appeals for the Seventh Circuit · 2006
  5. United States v. Milko MitovCourt of Appeals for the Seventh Circuit · 2006

20 more not listed; retrieve them via the Exa API.

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