Justia Criminal Law Opinion Summaries

Federal agents traced downloads of prepubescent child pornography to an IP address at Benjamin Tyler Gentry’s residence in Boone, Iowa. During a search of the home, officers seized electronic devices and firearms. Forensic analysis of a Samsung tablet revealed 181 deleted images of child pornography, stored locally between January 2020 and just before the device was seized. Applications on the tablet were linked to Gentry’s email, and search history included terms related to child pornography. Gentry admitted to downloading pornography involving minors as young as 14.A grand jury in the United States District Court for the Southern District of Iowa indicted Gentry on three counts related to receipt and possession of child pornography, and one count of being a felon in possession of a firearm. Gentry pleaded guilty to the firearm charge, and the child pornography charges proceeded to a jury trial. After the government’s case, Gentry moved for judgment of acquittal, arguing insufficient evidence of his knowledge regarding the images. The district court denied the motion, and the jury convicted Gentry on all child pornography counts. Post-trial, Gentry again moved for acquittal and a new trial, challenging the sufficiency of evidence for knowing receipt; both motions were denied. The court dismissed two possession convictions as lesser included offenses and sentenced Gentry to 168 months.On appeal to the United States Court of Appeals for the Eighth Circuit, Gentry argued for the first time that the government failed to prove venue for the receipt offense in the Southern District of Iowa. The Eighth Circuit held that Gentry affirmatively waived any objection to venue by not raising it at trial or in post-trial motions. The court declined to review the venue issue and affirmed the district court’s judgment. The main holding is that a defendant who fails to raise a venue objection at trial waives the issue, precluding appellate review. View "United States v. Gentry" on Justia Law

Darrell Sanders was arrested after two separate incidents in Kirkwood, Missouri, where he approached two minor girls, C.B. and P.H., near an elementary school. Sanders circled the school in his minivan, asked C.B. to see her feet, and invited P.H. to his van, making a suggestive statement. Upon arrest, Sanders admitted to having sexual thoughts about children, acknowledged his interactions with the girls made him feel excited and scared, and confessed to possessing and viewing child pornography on the same day as the incidents. A search of his devices revealed multiple images and videos of child pornography.The United States District Court for the Eastern District of Missouri accepted Sanders’s guilty plea to receipt and possession of child pornography. At sentencing, the court applied a five-level increase under the United States Sentencing Guidelines for engaging in a pattern of activity involving the sexual abuse or exploitation of a minor, based on Sanders’s conduct with C.B. and P.H. The court determined an advisory guideline range of 121 to 151 months and sentenced Sanders to 132 months’ imprisonment. Sanders objected to the application of the enhancement and to certain factual statements in the presentence report, but the district court overruled his objections.The United States Court of Appeals for the Eighth Circuit reviewed the district court’s factual findings for clear error and its application of the guidelines de novo. The appellate court held that the district court did not clearly err in finding that Sanders’s conduct constituted attempted enticement of a minor under Missouri law, supporting the five-level enhancement. The court also found that any factual error in the presentence report was harmless and did not affect the outcome. The Eighth Circuit affirmed the judgment and sentence imposed by the district court. View "United States v. Sanders" on Justia Law

Edwin Diaz was stopped by law enforcement in Ida Grove, Iowa, after Deputy Clausen observed his truck parked with only one working headlight, broken taillights, and impeding traffic. Upon approaching the vehicle, Clausen smelled marijuana and saw Diaz drop an item later identified as methamphetamine. Diaz and his passenger, Mikaela Breen, were arrested and charged with state drug offenses. Days later, Breen reported to police that Diaz had coerced her into signing a statement taking responsibility for the drugs found in the truck. Based on Breen’s account and Diaz’s criminal history, law enforcement obtained a warrant to search Diaz’s residence, where they found drugs, paraphernalia, and a firearm.The United States District Court for the Northern District of Iowa reviewed Diaz’s motion to suppress evidence from both the truck and home searches. The magistrate judge recommended denying the motion, finding that the truck search was lawful due to probable cause from observed traffic violations and the smell of marijuana, and that the good faith exception applied to the home search despite questions about the warrant’s nexus to the residence. The district judge agreed that the truck search was justified by probable cause and that the good faith exception protected the home search evidence, even though the warrant affidavit did not establish a sufficient nexus between the drugs and Diaz’s home.On appeal, the United States Court of Appeals for the Eighth Circuit affirmed the district court’s denial of the suppression motion. The court held that the initial encounter with Diaz was supported by reasonable suspicion and probable cause due to multiple traffic violations and the odor of marijuana, justifying the truck search. For the home search, the court found that the Leon good faith exception applied because it was not entirely unreasonable for officers to believe that a drug dealer would store contraband at his residence, even if the warrant affidavit lacked a direct nexus. The judgment was affirmed. View "United States v. Diaz" on Justia Law

Anthony Tucker was investigated after child pornography was discovered in a Google Drive account linked to two of his email addresses, one of which he had listed in his sex-offender registration. The investigation revealed that Tucker had previously pleaded guilty in Iowa state court to committing lascivious acts with a child, specifically involving sexual contact with a 13-year-old girl. Based on the evidence found in his Google Drive, Tucker was charged in federal court with possession and receipt of child pornography.The United States District Court for the Northern District of Iowa presided over Tucker’s trial. During the proceedings, the government introduced evidence of Tucker’s prior conviction for lascivious acts with a child. Tucker’s counsel objected to the admission of this evidence, arguing it was unduly prejudicial. The district court overruled the objection, finding the evidence admissible under Federal Rule of Evidence 414, which allows evidence of prior child molestation offenses in cases involving similar charges. The jury ultimately found Tucker guilty on both counts.On appeal, the United States Court of Appeals for the Eighth Circuit reviewed whether the district court erred in admitting evidence of Tucker’s prior conviction. The Eighth Circuit held that Rule 414 permits the admission of evidence of prior acts of child molestation based on the conduct involved, not merely the elements of the prior offense. The court rejected Tucker’s argument that the categorical approach should apply, clarifying that Rule 414 focuses on the specific facts of the prior conduct. The court also found that the district court did not abuse its discretion under Rule 403, as the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice. The Eighth Circuit affirmed the district court’s judgment. View "United States v. Tucker" on Justia Law

Justin Cutbank was charged with being a felon in possession of a firearm after an incident in which he, while intoxicated and under the influence of methamphetamine, threatened his girlfriend D.F. with a gun, held her in a closet, and struck her with the weapon. He also involved other residents of the home, including D.F.’s teenage sons and housemate, before fleeing with the gun and D.F.’s cell phone. Police later found Cutbank barricaded in a nearby garage, where he resisted arrest and assaulted an officer. A sawed-off Marlin .22 caliber rifle, matching DNA evidence to Cutbank, was recovered along the route between the two locations.The United States District Court for the District of Minnesota presided over Cutbank’s trial. The jury convicted him of being a felon in possession of a firearm and found he had at least three prior violent felony convictions, triggering enhanced sentencing under the Armed Career Criminal Act. The district court sentenced him to 292 months imprisonment, applying several sentencing enhancements, including a four-level increase for possessing the firearm in connection with another felony offense under USSG § 2K2.1(b)(6)(B).On appeal, the United States Court of Appeals for the Eighth Circuit reviewed Cutbank’s claims of evidentiary and procedural errors, including objections to witness testimony, jury instructions, and the admission of certain statements. The appellate court found no abuse of discretion in the district court’s evidentiary rulings and determined that the sentencing enhancements were properly applied. The Eighth Circuit held that the district court correctly calculated the guidelines range, considered the relevant sentencing factors, and imposed a reasonable sentence. The judgment of the district court was affirmed. View "United States v. Cutbank" on Justia Law

After being convicted of second-degree sexual assault in Garland County, Arkansas, Harl Garrett was sentenced to 20 years in prison. Garrett requested his attorney, Ben Hooten, to file an appeal, but instead, Hooten moved to withdraw as counsel without filing the notice of appeal. Garrett was not informed of the withdrawal order until after the 30-day window for filing a direct appeal had expired. Garrett attempted to file a pro se notice of appeal and later submitted motions for a belated appeal and to proceed in forma pauperis, but these were denied by both the Garland County Circuit Court and the Arkansas Supreme Court. Garrett subsequently filed a state postconviction petition, which was also denied as untimely.Garrett then filed a federal habeas corpus petition under 28 U.S.C. § 2254 in the United States District Court for the Eastern District of Arkansas, raising the claim that he was denied his constitutional right to a direct appeal due to counsel and court failures. The district court denied the petition as time-barred under the one-year statute of limitations set by the Antiterrorism and Effective Death Penalty Act (AEDPA), finding that the limitations period began when Garrett learned of his attorney’s abandonment and expired before the federal petition was filed. However, the district court granted a certificate of appealability on whether Garrett’s motion for a belated appeal tolled the AEDPA limitations period under 28 U.S.C. § 2244(d)(2).The United States Court of Appeals for the Eighth Circuit reviewed the case and held that a motion for belated appeal in Arkansas constitutes “collateral review” under AEDPA, thus tolling the statute of limitations while the motion is pending. The court reversed the district court’s judgment and remanded the case for further proceedings, concluding that Garrett’s federal habeas petition was timely. View "Garrett v. Payne" on Justia Law

Muhammad Arif, the owner of convenience stores in Arkansas, was accused of soliciting a fifteen-year-old girl, the daughter of his handyman, to engage in sexual acts in exchange for money on two occasions in 2019. Both incidents occurred while Arif was driving the girl home in his vehicle. The girl declined his advances, recorded the conversations, and later reported the incidents to her parents and the police. Arif was initially prosecuted under Arkansas state law, but the federal government took over, charging him under 18 U.S.C. § 1591(a)(1), which criminalizes commercial sex trafficking of a minor “in or affecting interstate or foreign commerce.”The United States District Court for the Eastern District of Arkansas presided over the trial. After the jury found Arif guilty, he moved for a judgment of acquittal, arguing that the government failed to prove the required element that his conduct affected interstate commerce. The district court agreed, granting the motion and concluding that merely driving a car manufactured out of state and giving money to the victim did not constitute an actual effect on interstate commerce as required by precedent.The United States Court of Appeals for the Eighth Circuit reviewed the district court’s decision de novo, considering whether the evidence was sufficient to establish the interstate commerce element of the federal statute. The appellate court held that the government’s evidence—Arif’s use of a car manufactured in another state, the transfer of $20, and the use of local roadways—was insufficient to show an actual effect on interstate commerce. The court distinguished this case from others where use of the internet, interstate travel, or communications had a clear impact on commerce. The Eighth Circuit affirmed the district court’s judgment of acquittal. View "United States v. Arif" on Justia Law

In the early morning hours, police responded to a 911 call from a woman who reported that her boyfriend, Shaquan Coffer, had damaged her car and was armed. Officers located the vehicle, separated the two individuals, and learned from the woman that Coffer was intoxicated and carrying a firearm. While speaking with an officer, Coffer attempted to conceal something in his waistband and then fled on foot. During the chase, officers saw him reach into his pants and heard a metallic sound; they recovered a loaded handgun, painted white, from the ground 11 seconds later. Coffer was apprehended shortly after.Following Coffer’s guilty plea to being a felon in possession of a firearm, the United States District Court for the Northern District of Iowa considered whether to apply a two-level sentencing enhancement for recklessly creating a substantial risk of death or serious bodily injury during flight from law enforcement under U.S.S.G. § 3C1.2. The Presentence Investigation Report did not recommend the enhancement, but the government objected. At sentencing, the district court found that, although accidental discharge was unlikely due to the firearm’s safety features, discarding a loaded gun in public created a substantial risk to others, particularly because of the gun’s appearance. The court applied the enhancement, increasing Coffer’s guideline range, and imposed a 71-month sentence.The United States Court of Appeals for the Eighth Circuit reviewed the case. It held that the district court erred in applying the enhancement, as the government failed to show that Coffer’s conduct created more than a speculative risk of harm; there was no evidence of bystanders or actual endangerment beyond the mere act of discarding the firearm. The appellate court vacated Coffer’s sentence and remanded for resentencing, finding the error in guideline calculation was not harmless. View "United States v. Coffer" on Justia Law

Randolph Jay Forrest worked at a used car dealership in Iowa from 2012 to 2021, where he and the owners engaged in a scheme to roll back odometers on dozens of vehicles, alter their titles, and resell them without disclosing the true mileage. After the scheme was discovered, Forrest was indicted on multiple counts, including odometer tampering, mail fraud, and wire fraud. He ultimately pled guilty to one count of wire fraud under a plea agreement, which required him to pay full restitution to all victims harmed by his conduct.The United States District Court for the Northern District of Iowa was tasked with determining the appropriate amount of restitution. Several methodologies were presented: Forrest’s expert suggested calculating loss based on average vehicle value using industry guides, resulting in a total loss of $38,070; the probation office recommended a 40% loss valuation, totaling $76,690; and the government proposed using either the total purchase price paid by victims or the estimated profit from the scheme. The government’s expert, Howard Nusbaum, calculated loss based on the diminished use value of the vehicles, considering the impact of branded titles and misrepresented mileage, arriving at a total loss of $140,178.56. The district court adopted Nusbaum’s methodology, finding it reasonable and supported by the evidence, and rejected Forrest’s arguments regarding salvage value and the reliability of purchase prices.On appeal, Forrest challenged the district court’s adoption of Nusbaum’s methodology, arguing it was insufficiently individualized and did not account for the actual value retained by purchasers. The United States Court of Appeals for the Eighth Circuit reviewed the restitution award for abuse of discretion and clear error. The court held that the district court did not abuse its discretion or clearly err in its loss estimation, given the complexity of the scheme and the evidence presented. The judgment of the district court was affirmed. View "United States v. Forrest" on Justia Law

Maurice Rose was convicted by a jury for attempting to kill a government witness in a federal drug and firearms case, intending to prevent the witness’s testimony against an associate. He was found guilty of two offenses: attempting to kill a person to prevent testimony in an official proceeding, and using a firearm during a crime of violence. Rose’s conviction resulted in a 330-month sentence, which was previously affirmed on direct appeal.After unsuccessful prior attempts at post-conviction relief, Rose sought permission to file a successive motion under 28 U.S.C. § 2255, relying on recent Supreme Court decisions—Sessions v. Dimaya and United States v. Davis—that changed the definition of “crime of violence” under 18 U.S.C. § 924(c). The United States Court of Appeals for the Eighth Circuit granted leave to file without addressing the merits. Rose then moved to vacate his firearm conviction, arguing that, under United States v. Taylor, witness tampering by attempted murder does not qualify as a “crime of violence.” The United States District Court for the Eastern District of Missouri denied the motion, finding that attempted killing remains a crime of violence, but issued a certificate of appealability due to the debatable nature of the issue.On appeal, the United States Court of Appeals for the Eighth Circuit reviewed de novo whether Rose’s offense was a “crime of violence” under the elements clause of § 924(c). The court held that attempted murder, including attempted killing of a witness under § 1512(a)(1), categorically qualifies as a crime of violence because it requires the attempted use of physical force. The court distinguished this from the Supreme Court’s holding in Taylor, which addressed attempted Hobbs Act robbery. The Eighth Circuit affirmed the district court’s denial of Rose’s motion to vacate his conviction. View "Rose v. United States" on Justia Law