United States v. Cueto case brief

United States v. Cueto case brief summary
151 F.3d 620 (7th Cir. 1998)

CASE SYNOPSIS

Defendant lawyer challenged his jury convictions from the United States District Court for the Southern District of Illinois for one count of conspiracy to defraud the United States under 18 U.S.C.S. § 371 and three counts of obstruction of justice under the omnibus clause of 18 U.S.C.S. § 1503.

CASE FACTS
Defendant lawyer requested a state court to issue an injunction that effectively stalled a federal gambling and racketeering investigation. A federal court intervened, and the lawyer was charged with one count of conspiracy to defraud the United States under 18 U.S.C.S. § 371 and three counts of obstruction of justice under the omnibus clause of 18 U.S.C.S. § 1503. A jury convicted the lawyer on all counts, and the lawyer appealed.

DISCUSSION

• The court affirmed the convictions because the criminal defense lawyer was not exempt from the law. 
• The court held that a zealous litigator was not protected from criminal prosecution. 
• The court found that the lawyer acted intentionally with a corrupt motive to hinder the administration of justice. 
• The court held that the district court correctly applied the sentencing guidelines to impose a stiffer sentence by refusing to group the three offenses of § 1503.

CONCLUSION
The court affirmed defendant lawyer's convictions for conspiracy to defraud the United States and obstruction of justice because the lawyer acted intentionally with a corrupt motive to hinder the administration of justice.

Recommended Supplements for Criminal Law