Justia Criminal Law Opinion Summaries

An Illinois prisoner who alleges that he is confined to a wheelchair because of an unspecified “nerve condition” claimed that, by applying a quorum rule, prison officials subjected him to cruel and unusual punishment and violated his rights under the Americans with Disabilities Act. Under the rule, under which outdoor recreation does not occur without participation by10 disabled individuals, defendants allegedly refused to allow him to engage in any physical outdoor recreational activity for seven weeks. The district court dismissed. The Seventh Circuit reversed and remanded. Regardless of whether state officials are immune under the ADA, the Rehabilitation Act, 29 U.S.C. 701, applies and the suit was dismissed prematurely.

Hill and his wife incorporated a tax service business, run out of their apartment, then obtained the names, birth dates, and social security numbers of real individuals and filed approximately 121 false tax returns for the tax year 2005, amounting to approximately $525,460 in false filings. In total, the IRS issued approximately $353,500 in tax refunds, which were electronically transferred to value cards which Hill was able to redeem for cash. Hill pled guilty to conspiracy to defraud the U.S.,18 U.S.C. 286 and one of 20 charged counts of fraud in connection with identity theft, 18 U.S.C. 1028(a)(7) and was sentenced to 92 months in prison. The Seventh Circuit affirmed, finding the sentence reasonable.

After being arrested for weapons crimes stemming from his possession of a loaded handgun, defendant contacted his girlfriend and asked her to file a complaint with the Chicago Police Department, alleging that his arresting officers planted the gun on him and arrested him falsely. She did so, and CPD initiated an investigation. As part of its investigation, CPD contacted the girlfriend, who immediately recanted her complaint and confessed that she had no actual knowledge of what transpired during defendant’s arrest. CPD terminated its investigation. Federal authorities assumed jurisdiction and charged defendant with being a felon in possession of a firearm, 18 U.S.C. 922(g). He pled guilty, but appealed his sentence, arguing that the district court improperly enhanced his base offense level for obstruction of justice, predicated on the false complaint he lodged with CPD. The Seventh Circuit affirmed.

An informant, endorsed as reliable, stated that he saw known meth cook Barttelt brew meth at a specific hunting cabin; that he had seen an anhydrous ammonia tank at the cabin within the week; that a locked cable blocked the drive; and that Barttelt drove a green Mercury Grand Marquis. At the property, the officer found a cable blocking a driveway; a vehicle approached the gate. Observing unusual movements, officers approached the maroon Chevrolet Beretta, recognized the driver but not the passenger, requested that they exit the car, learned that the passenger was Barttelt, and smelled anhydrous ammonia. The driver indicated that Barttelt was cooking meth. A search of the cabin, authorized by a warrant, based on information learned during the stop, revealed a lab. The district court denied a motion to suppress. The Seventh Circuit reversed. Stopping a car just to identify occupants is deliberate enough to justify suppression when there is neither probable cause to believe nor reasonable suspicion that the car is being driven contrary to laws governing operation of motor vehicles or that the car or occupants are subject to seizure or detention in connection with the violation of other law. The court did not address the sufficiency of Barttelt’s interest in the cabin.

Defendant pleaded guilty to two counts of knowingly and intentionally using a communication facility in committing, causing, or facilitating a drug trafficking crime, 21 U.S.C. 843(b). The district court sentenced him to 48 months’ imprisonment on Count I and 39 months on Count II, to run consecutively. The Seventh Circuit affirmed. The district court was within its discretion in imposing consecutive sentences and adequately addressed arguments under the U.S.S.G. 3553(a) factors and otherwise followed the correct sentencing procedure. The seriousness of the underlying offense trumped the positive aspects of defendant’s personal characteristics.

Defendant’s llama escaped its pen and wandered off and he was charged with misdemeanor abandonment under the Illinois animal cruelty statute. Rather than hire a lawyer, defendant pled guilty and paid a $525 fine. Three years later, he pled guilty to a federal charge for possession of several hundred marijuana plants. The marijuana conviction called for a mandatory minimum 10 years in prison. But for the misdemeanor llama conviction, defendant could have avoided the mandatory minimum by qualifying for the statutory safety valve, 18 U.S.C. 3553(f), and his guideline sentencing range would have been 18 to 24 months in prison. Counting the llama conviction as one criminal history point, his second point, prevented use of the safety valve, which is limited to defendants with no more than one point. The Seventh Circuit vacated the sentence of 10 years, finding that the llama conviction is similar to misdemeanors listed in U.S.S.G. 4A1.2(c) as offenses that should not count for any criminal history points. Application of that provision would have allowed the district court to reach the result that it felt was just here. .

Sims pleaded guilty to possessing a firearm as a convicted felon, i18 U.S.C. 922(g). The district court sentenced Sims to 180 months’ imprisonment after it determined that three of his previous convictions triggered the Armed Career Criminal Act’s 15-year mandatory minimum. The Seventh Circuit affirmed, rejecting an argument that the ACCA should not apply because two of his three prior convictions (one for selling cocaine and the other for possessing cocaine with intent to deliver) were not committed “on occasions different from one another.” 18 U.S.C. 924(e)(1). The offenses were separated by a week.

A jury twice viewed a video of Wysinger’s interrogation by a Drug Enforcement Agencyagent. Wysinger challenged admission of the video on the grounds that the Miranda warning was inadequate and that the agent continued to interrogate him after he clearly and unequivocally invoked his right to counsel. He was convicted of conspiracy to distribute and possess with intent to distribute cocaine, 21 U.S.C.841(a)(1), 846 and 851 and aiding and abetting possession with intent to distribute cocaine, 21 U.S.C. 841(a)(1) and 851, and 18 U.S.C. 2. The Seventh Circuit vacated, holding that the video should have been suppressed and that the error was not harmless. After Wysinger asked, in the first minute, if he should call a lawyer, the agent told him that they were “going to talk about that,” and then read a potentially misleading version, putting Wysinger to the false choice of talking to a lawyer before questioning or having a lawyer with him during questioning. The agent magnified the mistake by implying that “questioning” had not begun, then told him he had two choices: cooperating or being charged with conspiracy. The agent failed to mention the right to remain silent, or to consult a lawyer immediately and to have one with him during interrogation.

Defendant owned three restaurants, kept two sets of books, and underreported gross receipts. The government discovered the fraud when he listed a restaurant for sale. A fact sheet prepared by the broker calculated average monthly gross receipts at $170,000 and an average yearly operating profit of $554,840. IRS undercover agents posed as buyers. During meetings, defendant explained how he tracked actual receipts. Agents executed a warrant at the restaurants and seized weekly summary sheets and envelopes detailing nightly sales and cash payouts. The IRS concluded that additional taxes due on defendant’s personal tax returns were: $226,752 for 2001, $244,799 for 2002, $213,186 for 2003, and $152,987 for 2004, for a total tax loss of $837,724. Charged with eight counts, defendant pled guilty to four counts of making false statements in a tax return, but claimed that the government’s figure did not account for deductible expenses, such as costs of DJ/promoters, cash wages, complimentary drinks and food, and transfers to his other restaurants for supplies. He claimed the IRS lost $22,292.27. The district court held that it could not consider unclaimed deductions and imposed a sentence of 24 months (bottom of the guideline range) and ordered restitution in the amount of $837,724. The Seventh Circuit affirmed.

Tichenor pleaded guilty to armed robbery and discharging a firearm in connection with robbing a bank, retaining the right to appeal the applicability of the career offender sentencing guideline at U.S.S.G. 4B1.1. Although counsel initially objected to application of the guideline, he withdrew this objection at the sentencing hearing. The district court applied the enhancement, based on prior convictions for dealing hash oil and resisting law enforcement, and sentenced him to 300 months' imprisonment. The Seventh Circuit affirmed, rejecting an argument that the guideline is unconstitutionally vague and that the U.S. Sentencing Commission exceeded its authority in enacting the current definition of "crime of violence," U.S.S.G. 4B1.2(a). The Sentencing Guidelines are not susceptible to vagueness challenges.