Justia Criminal Law Opinion Summaries

Jorge Sarmiento-Zuniga was found guilty by a jury of oral copulation of a person he knew or should have known was intoxicated. In March 2023, the San Francisco Superior Court sentenced him to the middle term of six years in prison for this count. The court reviewed various documents, including the probation officer’s report and the victim’s impact statement, before announcing a tentative sentence. The court cited Sarmiento’s prior convictions and the victim’s repeated refusals captured on video as reasons for the middle term sentence. Despite the defense’s argument for a lesser sentence based on time already served, the court finalized the middle term sentence.The San Francisco Superior Court’s decision was appealed by Sarmiento, who argued that the court erred in considering his prior convictions without certified records and that the lower term should have been imposed due to the victim’s voluntary intoxication. The People contended that the appeal was forfeited because Sarmiento did not object to the sentence during the trial. They also argued that certified records were unnecessary for the middle term sentence and that none of the statutory circumstances mandating the lower term applied.The California Court of Appeal, First Appellate District, Division Five, reviewed the case. The court held that Sarmiento forfeited his appeal by not objecting to the sentence in the trial court. However, the court exercised its discretion to review the merits and affirmed the sentence. The court found that Penal Code section 1170, subdivision (b)(1) does not impose additional evidentiary requirements for a middle term sentence and that the trial court properly stated its reasons for the sentence on the record. The judgment was affirmed. View "People v. Sarmiento-Zuniga" on Justia Law

In September 2022, Antoine Leon Richardson had an altercation with Mckyla Middleton at a liquor store in Lancaster, California. Richardson accused Middleton of cutting him off, threatened her, and flashed a gun at her from a satchel. In November 2022, police searched Richardson’s home and found ammunition but no firearms. Richardson admitted to brandishing the gun during the altercation and owning the ammunition.The Los Angeles County Superior Court charged Richardson with being a felon in possession of a firearm, being a felon in possession of ammunition, and misdemeanor exhibiting a concealable firearm in public. The jury found Richardson guilty on all counts and confirmed his prior felony convictions. The court sentenced him to three years and eight months in prison for the firearm and ammunition charges, with a concurrent 364-day term for the misdemeanor.The California Court of Appeal, Second Appellate District, reviewed the case. Richardson argued that his convictions for firearm and ammunition possession violated the Second Amendment, citing New York State Rifle & Pistol Association, Inc. v. Bruen. The court disagreed, stating that the Second Amendment protects law-abiding citizens, not felons. The court also found that substantial evidence supported the trial court’s finding that Richardson had separate objectives for possessing and exhibiting the firearm, thus allowing multiple sentences under Penal Code section 654.The Court of Appeal affirmed the trial court’s judgment, upholding Richardson’s convictions and sentences. View "People v. Richardson" on Justia Law

The defendant, Guillermo Vasquez-Landaver, was sentenced in 2016 to 120 months of imprisonment followed by 60 months of supervised release for crimes committed as a member of the MS-13 gang. Conditions of his supervised release included abstaining from drugs and alcohol, not committing another crime, reporting to his probation officer, and remaining in the District of Maine unless permitted to travel. After his release in February 2020, he violated these conditions by leaving Maine without permission, using illegal drugs and alcohol, failing to report to his probation officer, and operating a motor vehicle while intoxicated. Additionally, on October 20, 2021, he allegedly propositioned a woman and asked if she liked cocaine while in possession of the drug.The United States District Court for the District of Maine held a hearing on December 18, 2023, where the defendant admitted to all violations except the one from October 20, 2021. The government presented evidence from law enforcement officers who testified about the defendant's possession of cocaine packaged in a manner indicative of distribution. The district court found that the defendant possessed more than two grams of cocaine, which under Maine law, allowed an inference of intent to distribute. Consequently, the court revoked his supervised release and imposed a 60-month imprisonment term.The United States Court of Appeals for the First Circuit reviewed the case and upheld the district court's findings. The appellate court found no clear error in the district court's determination that the defendant possessed more than two grams of cocaine and intended to distribute it. The court affirmed the district court's decision to revoke the defendant's supervised release and impose a 60-month imprisonment term. View "United States v. Vasquez-Landaver" on Justia Law

Jerry Lee Edwards pled guilty to escaping from a re-entry center in Charlotte, North Carolina, where he was completing a 130-month sentence for federal drug and firearm offenses. He left the center for work on April 29, 2023, and did not return, leading to his arrest after a brief police chase. During sentencing, the district court considered a presentence report that calculated ten criminal history points, including three points for a 2008 North Carolina fleeing-to-elude conviction, which initially involved special probation.The United States District Court for the Western District of North Carolina overruled Edwards's objection to the criminal history points. Edwards argued that his 2008 sentence should receive zero points because it did not exceed one year and was imposed over ten years ago. He contended that his original 53-day active term should not be counted separately from the 12-month suspended term. The district court, however, combined the 53-day term and the 12-month term, resulting in a total sentence of 12 months and 53 days, which merited three criminal history points.The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court's decision. The Fourth Circuit found that North Carolina’s special probation statute, N.C. Gen. Stat. § 15A-1351(a), clearly establishes two separate prison terms: an active term and a suspended term. The court held that the district court correctly combined these terms under U.S.S.G. § 4A1.2(k), resulting in a total sentence that exceeded one year and one month, thus justifying the three criminal history points. The Fourth Circuit concluded that the district court properly applied the Sentencing Guidelines and affirmed the 24-month sentence. View "United States v. Edwards" on Justia Law

Dashawn Leonard Garrett pled guilty to three charges related to a drug trafficking investigation in Wilson County, North Carolina, after withdrawing his suppression motion. He later discovered information suggesting police and prosecutorial misconduct, which he argued rendered his plea involuntary. Garrett contended that the misconduct included misidentification by a confidential informant and the use of multiple informants, one of whom was paid and had never identified him.The United States District Court for the Eastern District of North Carolina initially denied Garrett's co-defendant's suppression motion. Garrett withdrew his own motion, fearing it would be risky to proceed, and accepted a plea deal. After his sentencing, Garrett learned from a Government disclosure that multiple confidential informants were used, and one was compensated, which had not been disclosed earlier. This led to his appeal, arguing that the new information would have influenced his decision to plead guilty.The United States Court of Appeals for the Fourth Circuit reviewed the case and found that the newly discovered information about the informants and the misidentification issue constituted egregious police and prosecutorial misconduct. The court held that a reasonable defendant in Garrett's position would not have pled guilty if aware of all the relevant information. The court determined that the misconduct affected the integrity of the prosecution and Garrett's ability to make an informed plea. Consequently, the Fourth Circuit vacated Garrett's guilty plea and remanded the case for further proceedings. View "United States v. Garrett" on Justia Law

Kamala McCombs pleaded guilty to two counts of drug trafficking for her involvement in a conspiracy to transport methamphetamine from Arizona to Illinois. She was sentenced to concurrent terms of 121 months of imprisonment and 60 months of supervised release. McCombs appealed, arguing she deserved a mitigating role reduction under the U.S. Sentencing Guidelines because one of her co-conspirators received such a reduction.The government indicted McCombs and her co-conspirators for conspiracy to distribute methamphetamine and possession with intent to distribute. McCombs pleaded guilty and stipulated to the conduct. The probation office calculated her offense level and recommended a two-level downward variance, resulting in a guidelines range of 121 to 151 months. McCombs objected to the probation office's determination that she was not entitled to a mitigating role reduction. The district court overruled her objection, finding she was not substantially less culpable than her co-conspirators, and sentenced her to 121 months.The United States Court of Appeals for the Seventh Circuit reviewed the case. McCombs argued that the district court erred in not granting her a mitigating role reduction and that this resulted in an unwarranted sentencing disparity. The appellate court found that the district court correctly compared McCombs to her co-conspirators and concluded that her involvement was not substantially less than theirs. The court noted that McCombs's actions exceeded those of her co-conspirators, as she agreed to receive and transport drugs. The appellate court held that the district court's denial of the mitigating role reduction was not clearly erroneous and that the sentencing disparity was justified based on the record. The Seventh Circuit affirmed the sentence. View "USA v McCombs" on Justia Law

Sharmarke Warsame was convicted of two felony counts of identity theft, two misdemeanor counts of theft, and one misdemeanor count of criminal use of a financial card for using stolen credit cards to purchase Target gift cards. The convictions were vacated on direct appeal, and the State dismissed the felony charges after remand. Warsame served 564 days in prison for the vacated and dismissed felony convictions. He then filed a statutory action for wrongful conviction and imprisonment seeking damages, attorney fees, costs, a certificate of innocence, and expungement of all associated convictions.The Johnson District Court denied the State's motion for summary judgment, reasoning that it needed to hear testimony and make findings concerning the alleged facts under which Warsame was convicted. A bench trial followed, and the district court ultimately ruled against Warsame, holding that he had failed to prove his actual innocence by a preponderance of the evidence.Warsame appealed directly to the Kansas Supreme Court, arguing that the district court incorrectly concluded that he committed felony identity theft against the alleged victims as charged and instructed to the jury. The State cross-appealed the denial of summary judgment, arguing that the actual innocence required under the wrongful conviction statute concerns the statutory elements of the charged crime, not the specific facts alleged in the filings or trial.The Kansas Supreme Court agreed with the State, holding that the crime of conviction is defined by statute and is not limited to the specific facts of the charging document. To receive compensation, Warsame was required to prove actual innocence by a preponderance of the evidence under the statutory elements of the charged crime. Warsame failed to meet this burden, as he admitted facts sufficient to prove he intended to defraud some party to receive a benefit. The court affirmed the denial of Warsame's claim. View "In re Wrongful Conviction of Warsame " on Justia Law

In 2016, Robert Edward Smith was involved in a home invasion that resulted in the murder of Donna O'Neal. Smith was charged with first-degree felony murder, aggravated burglary, attempted aggravated robbery, two counts of aggravated assault, and criminal possession of a weapon. The case was delayed due to extensive pretrial litigation and the COVID-19 pandemic, leading to a mistrial in July 2021. Smith's retrial began in May 2023, where he was ultimately convicted on all charges.The Sedgwick District Court initially handled the case, where Smith raised several issues, including a violation of his constitutional right to a speedy trial, prosecutorial error, and the right to present a defense. The district court denied Smith's motions, including his motion to dismiss based on the speedy trial claim and his objections to the State's mid-trial amendment of the information.The Kansas Supreme Court reviewed the case and addressed multiple issues. The court found that the 21.5-month delay between Smith's mistrial and retrial did not violate his right to a speedy trial, considering the complexity of the case and the impact of the COVID-19 pandemic. The court also found no prosecutorial error in the prosecutor's comments during closing arguments and no violation of Smith's right to present a defense regarding the exclusion of third-party evidence and a probation violation warrant.However, the court agreed with Smith that the district court erred in including his 2003 criminal threat conviction in his criminal history score, as the statute under which he was convicted had been declared unconstitutional in State v. Boettger. The Kansas Supreme Court affirmed Smith's convictions but vacated his sentence and remanded the case for resentencing without including the 2003 conviction in his criminal history score. View "State v. Smith " on Justia Law

Christopher Adams faced multiple counts of battery for allegedly assaulting two men and his girlfriend, Stephanie Lang, outside a bar. Lang initially identified Adams as the attacker but later claimed she did not remember the incident during a preliminary hearing. Due to her inconsistent statements, the State charged Lang with perjury and interference with law enforcement and warned her of additional perjury charges if she testified similarly at Adams' trial. Lang invoked the Fifth Amendment privilege against self-incrimination, citing the risk of incrimination in her pending perjury case and potential new perjury charges.The Ellis District Court ruled that Lang could invoke the Fifth Amendment privilege despite the State offering her use and derivative use immunity, which would make her trial testimony and any evidence derived from it inadmissible in her pending perjury case. The court found that the immunity did not protect her from a new perjury charge. A majority panel of the Kansas Court of Appeals affirmed the district court's decision, holding that the immunity was insufficient to protect Lang's Fifth Amendment rights due to the imminent risk of a perjury charge. Chief Judge Karen Arnold-Burger dissented, arguing that the threat of a future perjury charge cannot be the basis for invoking the Fifth Amendment privilege.The Kansas Supreme Court reviewed the case and reversed the decisions of the lower courts. The court held that Lang's Fifth Amendment privilege was extinguished by the State's grant of use and derivative use immunity, which is coextensive with the Fifth Amendment protection. The court further held that the risk of a future perjury charge is not a valid basis for invoking the Fifth Amendment privilege. The case was remanded to the district court with directions to compel Lang's testimony under the State's grant of immunity. View "State v. Adams " on Justia Law

Police discovered 788 pounds of marijuana and related paraphernalia in a Minnesota warehouse, where Danny Gehl and five others were present. Gehl was charged with conspiracy to distribute marijuana and possession with intent to distribute marijuana. Evidence included surveillance, searches of Gehl’s home, and his phone, revealing marijuana, cash, and drug paraphernalia. Gehl was convicted and sentenced to 120 months’ imprisonment, the mandatory minimum.The United States District Court for the District of Minnesota handled the initial trial. Gehl was convicted on both counts, and the court sentenced him to the mandatory minimum of 120 months. Gehl appealed, arguing insufficient evidence for his conviction and improper denial of safety-valve relief and a minor-participant downward adjustment at sentencing.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court held that the evidence was sufficient to support Gehl’s conviction, noting his involvement in the conspiracy and the substantial amount of marijuana involved. The court also found no error in the district court’s denial of safety-valve relief, as Gehl’s proffer was not truthful. Lastly, the court deemed the issue of the minor-participant adjustment moot, as Gehl’s sentence would remain the same due to the mandatory minimum. The Eighth Circuit affirmed the district court’s judgment. View "United States v. Gehl" on Justia Law