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Monday, February 04, 2008

Ind. Decisions - Two Indiana opinions today from the 7th Circuit

In USA v. Beaver, Chris A. (SD Ind., Judge McKinney), a 22-page opinion involving concrete price-fixing, Judge Kanne writes:

A federal jury found Christopher Beaver guilty of participating in a price-fixing conspiracy, 15 U.S.C. § 1, and making false statements to a federal law enforcement agent who was investigating that conspiracy, 18 U.S.C. § 1001(a)(1). Beaver challenges his convictions on appeal, arguing that the government failed to prove at trial that a price-fixing conspiracy existed, that he joined the conspiracy, or that he made false statements. We affirm.
In USA v. Shaaban, Shaaban Hafiz Ahmad (SD Ind., Judge Tinder), a 5-page ruling on a Motion to Recall the Mandate which was originally issued 1/28/08 in typescript form, Judge Ripple (in chambers), concludes:
Mr. Shaaban does not request expressly the appointment of new counsel, but, throughout his motion, he expresses strong displeasure with present counsel. Moreover, counsel’s response does demonstrate that he both failed to communicate with Mr. Shaaban and already has formed the opinion that a petition for rehearing is unnecessary. Under these circumstances, to ensure the full protection of Mr. Shaaban’s right to counsel, defense counsel is relieved from his appointment to represent Mr. Shaaban in this case. New counsel for Mr. Shaaban will be appointed in a separate order. I express no view as to whether a petition for rehearing would be frivolous. Newly appointed counsel shall, within 30 days from the date of appointment, file either a petition for rehearing or a motion to withdraw on the ground that any such petition would be frivolous. If newly appointed counsel seeks withdrawal because he can discern no nonfrivolous issue to raise in a petition for rehearing, Mr. Shaaban shall have the opportunity to file a response pursuant to Seventh Circuit Rule 51(b). IT IS SO ORDERED.

Posted by Marcia Oddi on February 4, 2008 01:39 PM
Posted to Ind. (7th Cir.) Decisions