Justia Criminal Law Opinion Summaries

A member of the Boston City Council was convicted of attempted extortion under color of official right (Hobbs Act, 18 U.S.C. 1951) and three counts of making a false statement to FBI agents, 18 U.S.C. 1001 for accepting $1,000 in exchange for performing official acts to assist a local businessman in obtaining a liquor license for a supper club. That businessman was cooperating with the FBI. The First Circuit affirmed, rejecting challenges to sufficiency of the evidence and to jury instructions on reciprocity and interstate commerce. The court upheld the 36-month sentence against a contention that the government impermissibly sought vindictively to punish defendant.

An FBI agent went online, undercover, to search for child pornography, using LimeWire, a commercially available peer-to-peer filesharing program. He used a special version developed by the FBI, known as EP2P, to assist child pornography investigations. Modifications permit agents to download a file from a single source, learn the general location of the source, and facilitate the identification of child pornography as such. The agent downloaded files and confirmed that they contained graphic depictions of young girls, served a subpoena on the ISP, traced the IP address to a residence owned by the defendant's father, executed a search warrant, and spoke to defendant, who took responsibility for seized computers and admitted to using LimeWire. He denied that he had ever searched for, or downloaded, child pornography. Forensic analysis revealed over 5,000 images and videos of child pornography on the desktop and nearly 2,000 on the laptop. Convicted of two counts of possessing child pornography, 18 U.S.C. 2252(a)(4)(B), and one count of distribution, 2252(a)(2), defendant was sentenced to 97 months plus a life term of supervised release and payment of $10,000 to each of two victims who requested restitution. The First Circuit affirmed, rejecting claims of multiplicity and upholding evidentiary rulings.

One defendant pled guilty to seven counts of aggravated identity theft, 18 U.S.C 1028 A, and access device fraud, 18 U.S.C. 1029 (a)(2) and the other was convicted of aggravated identity theft and two counts of identity fraud, arising from their participation in a substantial credit card fraud scheme. The First Circuit affirmed, rejecting challenges to the indictment, evidentiary rulings, and the sentences of 81 months and 168 months.

An ATF agent obtained a warrant and searched Widi's apartment, which contained a marijuana growing system, ammunition, and firearms. He was convicted of possessing a firearm or ammunition as a prohibited felon, 18 U.S.C. 922(g)(1) and manufacturing marijuana, 21 U.S.C.841(a)(1) and sentenced to 108 months' imprisonment. The First Circuit affirmed, rejecting an argument that Widi was not competent to stand trial. The court also rejected challenges to the sufficiency of the evidence, denial of a motion to suppress statements made after Miranda warnings, denial of severance, and jury instructions.

Defendants were convicted of racketeering, racketeering conspiracy or both, and other federal crimes, incident to years of participation in a criminal organization responsible for a large illegal gambling operation. The charged conduct involved sports betting, "football cards," and video poker that spawned criminal support activities such as money laundering, usurious lending, and extortionate collection of credit. The three male defendants also sought to burn down a business. Before trial, defendants jointly moved to suppress evidence obtained through a series of wiretaps. The district court denied the motion. All defendants were convicted of nearly all of the charges, and were sentenced to terms of 271 months, 216 months, 183 months, and (the female) 21 months. The First Circuit affirmed, rejecting various challenges, including challenges to the wiretaps, and stating that there was no chance that innocent defendants were convicted.

Quiles visited the federal courthouse in Puerto Rico to verify the status of civil cases he had filed pro se. Disgruntled that his cases had been dismissed and by his inability to obtain counsel, he dressed in a shirt with the message "Desobediencia Civil", hidden under another shirt. After passing security and filing a motion expressing his discontent, he reviewed the status of his cases on the court's electronic system, turned his shirt, revealing the message, and destroyed the computer monitor and scanner. His acts of defiance completed, Quiles lay on the ground with his hands behind his back. The Clerk's Office replaced the scanner for $2,322.85 and installed a spare monitor. The government charged Quiles with depredation of U.S. property resulting in damages exceeding $1,000.00, 18 U.S.C. 1361. When Quiles failed to comply with conditions of bail, the court issued a warrant, ordering him detained until trial. The district court denied appointed counsel's motion for a continuance on the grounds that the pro se motion for a change of venue had not been found. The court denied oral requests for change of venue and recusal of the judge. Quiles was convicted and sentenced to time served and restitution. The First Circuit affirmed

After the government disclosed new information regarding its confidential informant, Rigaud moved to suppress evidence recovered in 2006 during the execution of a search warrant and sought an evidentiary hearing to establish that there were material omissions from an affidavit submitted in support of the request for a search warrant that undermined the probable cause finding. The district court denied the motion. Rigaud then pleaded guilty to drug trafficking charges, reserving his right to appeal denial of his motion to suppress. The First Circuit affirmed. The district court correctly found that disclosure that the informant was not searched or was searched inadequately would not have resulted in a negative finding on probable cause; there was ample corroboration to overcome her untrustworthiness.

The Southeastern Massachusetts Gang Task Force obtained warrants to arrest Roderiques, age 16, for drug trafficking and to search for cell phones and paperwork relating to cellular phone ownership at a house that Roderiques shared with Grupee and others. The officers discovered guns, drugs, and drug paraphernalia, as well as two cell phones, in Roderiques’s room. In Grupee’s room, they found a storage bin with Grupee’s personal papers, three pistols, and ammunition. A drug detection dog alerted toward a car parked in the driveway. The officers paused while they obtained warrants to search the house for firearms, drugs, and related materials and to search for the same in the car. In the rear seat they found a black gym bag with a bus ticket in Grupee’s name inside, a bag of cocaine, and a magazine of 9 millimeter ammunition. The second search of Grupee’s room uncovered more drugs and records of drug sales. Grupee entered a conditional plea to possession of firearms and ammunition as a felon, 18 U.S.C. 922(g)(1), and possession of cocaine with the intent to distribute, 21 U.S.C. 841(a)(1). The First Circuit affirmed denial of a motion to suppress.

During 2000-2002, defendant and co-defendant were associated in five instances of depositing large bad checks (one for $15,000,000) in three different bank accounts (the one at issue in the name of a defunct corporation), then writing checks against the resulting, ostensible account balances or requesting substantial wire transfers from them. They were indicted for conspiracy to commit bank and wire fraud, 18 U.S.C. 371, bank fraud, 18 U.S.C. 1344, wire fraud, 18 U.S.C. 1343, and money laundering, 18 U.S.C. 1957. Defendant was charged both as a principal and as aiding and abetting co-defendant, who negotiated guilty pleas. Defendant was convicted. He appealed, claiming insufficiency of the evidence to show anything more than his mere (innocent) presence at some events in the sequence of the transactions charged, and abridgement of his Sixth Amendment right to jury trial when the trial judge closed the courtroom doors during jury instructions. The First Circuit affirmed.

Defendants, convicted on charges of conspiracy to possess with intent to distribute multi-kilogram quantities of controlled substances, 21 U.S.C. 841(a)(1) and 846. The First Circuit affirmed, rejecting various challenges to the conduct of the trial.