835 F.2d 708 (7th Cir. 1987), 86-3062, United States v. Patel

Docket Nº:86-3062.
Citation:835 F.2d 708
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Bina PATEL, Defendant-Appellant.
Case Date:December 10, 1987
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

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835 F.2d 708 (7th Cir. 1987)

UNITED STATES of America, Plaintiff-Appellee,


Bina PATEL, Defendant-Appellant.

No. 86-3062.

United States Court of Appeals, Seventh Circuit

December 10, 1987

Submitted Nov. 4, 1987.

Gerald M. Werksman, Chicago, Ill., for defendant-appellant.

David J. Stetler, Asst. U.S. Atty., Anton Valukas, U.S. Atty., James R. Ferguson, Sheldon T. Zenner, Chicago, Ill., for plaintiff-appellee.

Before POSNER, COFFEY, and FLAUM, Circuit Judges.

POSNER, Circuit Judge.

The government's motion to dismiss this appeal with respect to two counts of an indictment raises potentially recurrent questions not previously decided in a reported opinion.

Count 1 charged Bina Patel with conspiracy to commit arson (18 U.S.C. Sec. 371), Count 2 with arson (18 U.S.C. Sec. 844(i)), and Count 7 with making a false statement to a federal agent (18 U.S.C. Sec. 1001). A jury found Patel guilty on these three counts only. On October 24, 1986, the judge sentenced her on Counts 1 and 2 (to 30 days in prison, and to five years of probation plus 250 hours of community service, respectively), but deferred sentencing her on Count 7 and also entered a stay of execution of the sentences on Counts 1 and 2, saying that he would decide whether to grant bail

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pending appeal after he disposed of Count 7. Five days later the clerk of the district court docketed the judge's order of October 24 reciting the judgment of conviction and the sentences on Counts 1 and 2. On December 1 the judge sentenced Patel to a term of probation on Count 7 to run concurrently with the sentences on Counts 1 and 2. Later he granted bail pending appeal. On November 21 he had entered a decree against Patel and her husband forfeiting a $200,000 bond, the husband (a defendant with his wife in the criminal case) having become a fugitive from justice.

On December 10, Patel's counsel filed the following notice of appeal:

PLEASE TAKE NOTICE that the defendant Bina Patel appeals to the Circuit [sic] Court of Appeals of [sic] the Seventh Circuit from the bond forfeiture liability judgment of $200,000.00 and her conviction and sentence imposed by the Hon. James Moran in the United States District Court for the Northern District [of Illinois] on December 1, 1986.

Despite the wording of the notice, the brief filed by Patel's counsel challenges Patel's convictions on...

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