Justia Criminal Law Opinion Summaries

The case concerns a man who, along with his wife, adopted two young girls through the foster care system. Years later, when one of the girls was nearly 17, she disclosed to a friend’s mother that she had been sexually abused by her adoptive father over several years. This disclosure led to a law enforcement investigation, during which the defendant voluntarily went to the sheriff’s department to “turn himself in.” He was subsequently interrogated by two officers in a closed interview room at the station. During the third segment of questioning, after persistent and increasingly accusatory interrogation techniques, the defendant confessed to engaging in sexual acts with one of the victims.The Superior Court of San Bernardino County heard pretrial motions regarding the admissibility of the defendant’s statements to law enforcement. The prosecution sought to admit the statements, while the defense moved to suppress them, arguing they were obtained in violation of the defendant’s constitutional rights. The trial court ruled the interrogation was not custodial and admitted the statements. At trial, the prosecution presented testimony from the victims and law enforcement, while the defense highlighted inconsistencies and lack of physical evidence. The jury found the defendant guilty on all counts, and he was sentenced to over 120 years to life in prison.On appeal, the California Court of Appeal, Fourth Appellate District, Division Three, reviewed whether the defendant’s confession should have been suppressed under Miranda v. Arizona. The appellate court held that while the initial questioning was noncustodial, the interrogation became custodial during the third segment, at which point Miranda warnings were required but not given. The court found the admission of the confession was prejudicial and not harmless beyond a reasonable doubt. Accordingly, the judgment was reversed and the case remanded for further proceedings. View "People v. NavaAdame" on Justia Law

Four individuals established two illegal gambling businesses in northern Ohio, operating gaming rooms that paid out winnings in cash. To avoid detection, the true owners concealed their involvement by using nominal owners and destroyed financial records. The businesses operated almost entirely in cash, allowing the owners to hide profits and evade taxes. One of the defendants, an accountant, played a central role in managing finances and preparing false tax returns for the group. The scheme also involved efforts to launder money and shield assets from IRS collection, including the use of shell companies and deceptive real estate transactions.After law enforcement executed multiple search warrants in 2018, a grand jury indicted several participants on conspiracy, illegal gambling, tax evasion, and related charges. The United States District Court for the Northern District of Ohio denied motions to dismiss and to sever the trials. At trial, a jury convicted two defendants on nearly all counts. At sentencing, the court calculated tax losses exceeding $3.5 million for each defendant, resulting in lengthy prison terms and substantial restitution orders. Both defendants challenged the loss calculations, the denial of severance, jury instructions, and other procedural aspects.The United States Court of Appeals for the Sixth Circuit reviewed the case. It held that the district court did not abuse its discretion in denying severance, as no compelling prejudice was shown. The court found no error in the denial of the motion to dismiss the tax evasion count, concluding that affirmative acts of evasion within the limitations period were sufficiently alleged. The appellate court also upheld the district court’s tax loss calculations, the application of the sophisticated means enhancement, and the handling of jury instructions. The sentences were affirmed, but the case was remanded for the limited purpose of correcting a clerical error in the judgment regarding restitution interest. View "United States v. DiPietro" on Justia Law

The case concerns an individual who was convicted in Wisconsin state court for first-degree reckless homicide after selling heroin that resulted in a fatal overdose. The defendant, along with another individual, sold heroin to the victim, who was then injected with the drug and became unconscious. Instead of seeking immediate medical help, the two men drove around with the unconscious victim, later returned to the defendant’s house, and only after several hours did the other individual take the victim to a hospital, where she was pronounced dead. The defendant was arrested about a month later and charged with multiple offenses, but only the homicide conviction is relevant here.After his conviction and sentencing, the defendant sought post-conviction relief in the Wisconsin trial court and then appealed to the Wisconsin Court of Appeals, arguing ineffective assistance of counsel. His appellate counsel filed a “no-merit” report, and the appellate court affirmed the conviction, finding no deficiency in trial counsel’s performance. The defendant then attempted to petition the Wisconsin Supreme Court for review, but his petition was filed after the deadline. The Wisconsin Supreme Court dismissed the petition as untimely and denied reconsideration.Subsequently, the defendant filed a federal habeas petition in the United States District Court for the Western District of Wisconsin, again raising ineffective assistance of counsel. The district court dismissed the petition, finding that the defendant had procedurally defaulted his claim by failing to timely exhaust state remedies and had not shown cause to excuse the default. On appeal, the United States Court of Appeals for the Seventh Circuit affirmed, holding that the defendant’s reliance on a prison law librarian’s miscalculation of the filing deadline did not constitute cause to excuse procedural default, and that the defendant had not preserved any alternative argument regarding lack of law library access. The judgment of the district court was affirmed. View "Jannke v Gierach" on Justia Law

Law enforcement stopped a vehicle in which Michael Henderson was a passenger. During a search, a K-9 alerted to drugs in Henderson’s bag, which contained approximately 1,921.2 grams of pure methamphetamine. Henderson was arrested, and while in jail, he made phone calls instructing associates on drug distribution using coded language. One associate, Bonnie Cagle, revealed to police that Henderson’s references to “puppies” were code for firearms, and “sockets” and “tools” referred to drugs. Police recovered two firearms linked to Henderson from Cagle and her mother’s home.Henderson pleaded guilty in the United States District Court for the Southern District of West Virginia to possessing 500 grams or more of methamphetamine with intent to distribute. The presentence investigation report initially recommended a two-level enhancement for possession of a firearm, but after Henderson’s timely objection and the government’s lack of response, the probation officer removed the enhancement. The revised report also recommended a reduction for acceptance of responsibility. The district court later requested supplemental briefing on Henderson’s eligibility for “safety valve” relief under 18 U.S.C. § 3553(f). The government then argued for sentencing enhancements and against the reduction for acceptance of responsibility, which Henderson claimed were untimely.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that the district court acted within its discretion in considering the government’s late arguments for sentencing enhancements, finding that the request for supplemental briefing constituted good cause. The court also found sufficient evidence to support the firearm enhancement, concluding that Henderson constructively possessed firearms in connection with drug trafficking. The court affirmed the district court’s judgment, upholding Henderson’s sentence. View "US v. Henderson" on Justia Law

Robert Hutton secretly installed a hidden camera in the bathroom of his home and, over the course of about a year, recorded several nude videos and images of his 14-year-old stepdaughter without her knowledge. He edited some of the footage to focus on moments when the victim was visibly nude. The victim discovered the existence of these files after seeing a suspicious file name on Hutton’s phone and subsequently reported the matter to the police. A search of Hutton’s residence uncovered additional child pornography, including images of other minors.The United States District Court for the Eastern District of Washington presided over a bench trial based on stipulated facts. Hutton was charged with sexually exploiting a minor under 18 U.S.C. § 2251(a). He moved for a judgment of acquittal, arguing that the images were not “lascivious,” that the statute was unconstitutionally vague as applied, and that he did not “use” the victim within the meaning of the statute. The district court denied these motions, found Hutton guilty, and sentenced him to 20 years’ imprisonment.On appeal, the United States Court of Appeals for the Ninth Circuit reviewed Hutton’s arguments de novo where appropriate and for clear error regarding factual findings. The court held that existing Ninth Circuit precedent foreclosed Hutton’s arguments on all grounds. Specifically, the court found that the district court did not clearly err in determining the images were “lascivious” under the Dost factors, that § 2251(a) is not unconstitutionally vague as applied, and that Hutton’s conduct constituted “use” of a minor under the statute. The court also held that the Supreme Court’s decision in Dubin v. United States, which interpreted the term “use” in a different statutory context, did not undermine the Ninth Circuit’s precedent regarding § 2251(a). The Ninth Circuit affirmed the conviction. View "USA V. HUTTON" on Justia Law

Federal law enforcement agents began investigating drug and firearm distribution activities in Spokane, Washington, in 2022. Their investigation led to Johnathan Allen, who had a significant criminal history and was known to distribute methamphetamine and possess firearms. Allen and three codefendants were indicted by a federal grand jury in January 2023 for distribution of methamphetamine and being a felon in possession of a firearm. After his arrest, several pretrial motions and continuances delayed the trial. A superseding indictment was returned in May 2023, and Allen continued to file additional pretrial motions. Although Allen initially insisted on a speedy trial, the court, with agreement from the parties, set a new trial date for October 2023.The United States District Court for the Eastern District of Washington later determined that a violation of the Speedy Trial Act (STA) had occurred because it had not sufficiently documented the reasons for the trial continuance as required by statute, nor had it obtained a waiver from Allen. The court dismissed both the original and superseding indictments without prejudice, after weighing the seriousness of the offense, the technical nature of the violation, and the lack of prejudice to Allen. The government promptly re-indicted Allen on the same charges, and the case proceeded to trial. During trial, the court admitted Facebook records linking Allen to the crimes, over his objection that they were not properly authenticated.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed Allen’s convictions. The court held that the district court did not abuse its discretion in dismissing the indictments without prejudice, as it properly considered the statutory factors under 18 U.S.C. § 3162(a)(2). The appellate court also found no error in the admission of the Facebook records, concluding they were self-authenticating business records under Federal Rules of Evidence 902(11) and 803(6), and that their substantive content was properly authenticated under Rule 901(a). The court further held that the records were admissible under Rules 404(b) and 403. View "USA V. ALLEN" on Justia Law

A woman who immigrated from Vietnam to the United States and became active in the Vietnamese community in Sioux City, Iowa, organized a campaign in 2020 to assist Vietnamese Americans—many of whom had limited English proficiency and were unfamiliar with the U.S. election system—in registering to vote and casting absentee ballots. Her efforts were not solely for civic engagement; she hoped these voters would support her husband, who was a candidate in the election. She facilitated the process by providing forms, translating, and returning completed documents to the county auditor. However, she also engaged in fraudulent conduct by instructing family members to complete and submit voting documents for absent adult children, and in some cases, she filled out and signed the forms herself. In total, she submitted 26 documents with forged signatures. The county auditor became suspicious and contacted the FBI, leading to her arrest and indictment on 52 counts of voter fraud under two federal statutes.The United States District Court for the Northern District of Iowa presided over her trial. The court used model jury instructions that did not require the jury to find that she knew her conduct was illegal or that the children did not consent to her actions, despite her request for such an instruction. The jury found her guilty on all counts, and her motion for judgment of acquittal was denied.On appeal, the United States Court of Appeals for the Eighth Circuit reviewed whether the jury instructions accurately reflected the law and whether the evidence was sufficient to support the convictions. The court held that the instructions properly conveyed the required mental states—knowledge and willfulness—and did not need to require knowledge of the specific law violated. The court also found the evidence sufficient for conviction, including for counts involving equivocal testimony, based on the defendant’s pattern of conduct. The Eighth Circuit affirmed the district court’s judgment. View "United States v. Taylor" on Justia Law

Adam Gomez was charged with receiving and possessing a firearm that had an obliterated serial number. He moved to dismiss the indictment, arguing that the statute under which he was charged, 18 U.S.C. § 922(k), was unconstitutional. After the United States District Court for the Northern District of New York denied his motion, Gomez pleaded guilty to the offense. His appeal centers on the claim that the statute is facially unconstitutional in light of the Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, which clarified the scope of the Second Amendment.The United States District Court for the Northern District of New York denied Gomez’s motion to dismiss the indictment, rejecting his constitutional challenge to § 922(k). Following this denial, Gomez entered a guilty plea and was convicted. He then appealed the judgment, arguing that the statute violates the Second Amendment as interpreted by the Supreme Court in Bruen.The United States Court of Appeals for the Second Circuit reviewed the case and affirmed the district court’s judgment. The Second Circuit held that 18 U.S.C. § 922(k) is facially constitutional. The court reasoned that the statute does not infringe upon the right to bear arms because it does not prevent anyone from possessing any type of firearm, and firearms with obliterated serial numbers are not weapons in common use for lawful purposes. The court also noted that Gomez’s facial challenge failed because he did not demonstrate that the statute is unconstitutional in all its applications or that it lacks a plainly legitimate sweep. Accordingly, the Second Circuit affirmed the conviction. View "United States v. Gomez" on Justia Law

Three men were prosecuted for their roles in the fatal shooting of Ahmaud Arbery, a Black man, in the Satilla Shores neighborhood of Glynn County, Georgia. On February 23, 2020, Arbery was running through the neighborhood and stopped at a house under construction, which he had visited before. Gregory and Travis McMichael, who lived nearby, saw Arbery and, suspecting him of recent burglaries, armed themselves and pursued him in a truck. William Bryan, a neighbor, joined the chase in his own vehicle. The men used their trucks to block and pursue Arbery through public streets, ultimately leading to a confrontation in which Travis McMichael shot and killed Arbery.After being convicted of murder and other charges in Georgia state court and sentenced to life imprisonment, the defendants were tried in the United States District Court for the Southern District of Georgia. There, they were convicted of interference with rights under 18 U.S.C. § 245(b)(2)(B), attempted kidnapping under 18 U.S.C. § 1201(a)(1), and, for the McMichaels, firearm offenses under 18 U.S.C. § 924(c)(1)(A)(iii). The district court denied their motions for acquittal, finding sufficient evidence that the defendants acted because of Arbery’s race and his use of public streets, that the streets were provided or administered by the county, and that the attempted kidnapping was for a benefit and involved an instrumentality of interstate commerce.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the sufficiency of the evidence de novo. The court held that substantial evidence supported the jury’s findings on all challenged elements, including racial motivation, use of public facilities, and use of an automobile as an instrumentality of interstate commerce. The Eleventh Circuit affirmed all convictions. View "USA v. Bryan" on Justia Law

The petitioner was arrested on December 21, 2019, on warrants issued by both Marion County and Clackamas County. The Marion County warrants were for alleged probation violations, while the Clackamas County warrant was based on new criminal charges. After pleading guilty in Clackamas County and being sentenced on March 11, 2020, the petitioner was transported to Department of Corrections (DOC) custody rather than to Marion County Jail, despite a court order for transport to Marion County to resolve the probation matters. During the subsequent 43-day period, the petitioner remained in DOC physical custody but was under the legal custody of Marion County Jail due to the unresolved probation violation warrants. On April 24, 2020, the Marion County Circuit Court revoked the petitioner’s probations and imposed a 60-month prison sentence, ordering credit for time served since December 21, 2019, including the period credited to the Clackamas County case.The Oregon Court of Appeals previously reviewed the case and affirmed the trial court’s decision, finding that the Marion County Circuit Court had authority under ORS 137.370(4) to grant presentence incarceration credit for the time the petitioner was held in custody, even though the time overlapped with the sentence imposed in Clackamas County. The appellate court agreed that the trial court had expressly ordered credit for the relevant period.The Supreme Court of the State of Oregon, upon reconsideration, corrected a factual error regarding the petitioner’s physical location during the 43-day period but held that the petitioner’s legal custody by Marion County Jail was sufficient to constitute “time served in jail” under ORS 137.370(4). The court concluded that physical custody in a jail is not required for presentence incarceration credit if the sentencing court expressly orders such credit. The court adhered to its prior opinion as modified, allowing the credit as ordered. View "State ex rel Torres-Lopez v. Fahrion" on Justia Law