Justia Criminal Law Opinion Summaries

Grant Gambaiani was sentenced to 34 years in prison after being found guilty by an Illinois jury of multiple crimes, including the repeated sexual assault of his minor cousin, D.G. During the trial, the courtroom was partially closed during D.G.'s testimony, which Gambaiani argued violated his Sixth Amendment right to a public trial. The Illinois Appellate Court affirmed his conviction, and the Supreme Court of Illinois denied review. Gambaiani then sought postconviction relief, claiming ineffective assistance of counsel during plea negotiations, but the state courts denied relief.Gambaiani filed a petition for a writ of habeas corpus in federal district court, claiming violations of his constitutional rights to a public trial and effective assistance of counsel. The district court denied his petition. On appeal, the United States Court of Appeals for the Seventh Circuit reviewed the case.The Seventh Circuit affirmed the district court's decision. The court held that the Illinois Appellate Court's conclusion that Gambaiani waived his right to a public trial by failing to object to the partial closure was not contrary to, or an unreasonable application of, clearly established federal law. The court also found that the partial closure of the courtroom during D.G.'s testimony did not violate Gambaiani's Sixth Amendment right. Additionally, the Seventh Circuit upheld the state court's determination that Gambaiani's attorneys provided effective assistance of counsel during plea negotiations, as the state court's credibility determinations were reasonable and supported by the record. View "Gambaiani v Greene" on Justia Law

Marcus Dixon, while on supervised release after a federal prison sentence, was arrested based on his suspected involvement in a hit-and-run accident and drug dealing. Probation officers conducted warrantless searches of his property, including a Pontiac, a cellphone, a home in Silvis, Illinois, an Audi, and a duffel bag, finding evidence of drug distribution and firearms. Dixon was convicted on multiple counts related to drug possession and firearms. He moved to suppress the evidence obtained from these searches, arguing they exceeded the scope authorized by his supervised release conditions. The district court denied his motion, leading to this appeal.The United States District Court for the Central District of Illinois denied Dixon's motion to suppress, concluding that he lacked a legitimate expectation of privacy in the searched items and places. The court also found that the searches were supported by reasonable suspicion. Dixon was subsequently convicted on all counts by a jury and sentenced to 260 months in prison. He appealed the denial of his motion to suppress, challenging the searches' legality and the denial of an evidentiary hearing.The United States Court of Appeals for the Seventh Circuit affirmed the district court's decision. The appellate court held that Dixon failed to establish Fourth Amendment standing as he did not provide evidence of a legitimate expectation of privacy in the searched items and places. The court also found that the searches of the Pontiac and cellphone were reasonable and permissible under Dixon's supervised release conditions. The court concluded that the district court did not abuse its discretion in denying an evidentiary hearing, as Dixon did not identify any disputed material facts warranting such a hearing. View "United States v. Dixon" on Justia Law

Edward C. Brown was convicted of distribution and possession of child pornography in 2015. After serving his prison sentence, he was placed on supervised release with conditions, including allowing unannounced visits by probation officers and reporting any cell phones he possessed. During an unannounced visit in April 2023, probation officers discovered an unreported cell phone in Brown's apartment. A forensic search of the phone revealed 75 thumbnail images of child pornography in an inaccessible cache folder. Brown was subsequently charged with possession of child pornography and convicted by a jury.The United States District Court for the Central District of Illinois admitted Brown's prior child pornography convictions as evidence under Federal Rules of Evidence 414 and 404(b). The court also allowed evidence of Brown's supervised release status. At trial, the jury heard testimony from government witnesses, including a probation officer, a police detective, and an FBI special agent, as well as defense witnesses who highlighted deficiencies in the forensic evidence. Despite the lack of metadata and direct evidence linking Brown to the images, the jury found him guilty. The district court denied Brown's motion for acquittal and sentenced him to 78 months in prison, followed by a 15-year term of supervised release. The court also revoked his supervised release from prior convictions, adding a consecutive 6-month prison term.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed Brown's conviction. The court held that the combination of the 75 thumbnail images, Brown's prior convictions, his interview admissions, and his failure to report the phone provided sufficient circumstantial evidence for a reasonable jury to find him guilty beyond a reasonable doubt. The court emphasized that the forensic evidence, while flawed, was supported by other incriminating factors, including Brown's technological knowledge and his concealment of the phone from probation. View "USA v Brown" on Justia Law

Carlos Estrada, an Indiana resident, was arrested on February 2, 2023, after arranging the sale of 2,579 grams of heroin to an undercover officer in New Jersey. A search of his Indianapolis residence revealed an additional 371 grams of heroin, a digital scale, and a box containing six pounds of lactose, a cutting agent. Estrada committed this offense six months after being released from prison and starting supervised release for a 2019 heroin-distribution conspiracy conviction in the Southern District of New York.The United States District Court for the Southern District of Indiana accepted Estrada's guilty plea to one count of possessing with intent to distribute at least 100 grams of heroin. The court sentenced him to 87 months in prison, at the low end of the advisory Sentencing Guidelines range. Estrada appealed, arguing that the district court erred procedurally by not varying downward his criminal history category, which included points from a 2018 misdemeanor marijuana possession conviction.The United States Court of Appeals for the Seventh Circuit reviewed the case. Estrada contended that the district court did not adequately explain its decision and misapprehended its authority to depart downward. The appellate court found that the district court's explanation was sufficient, considering Estrada's extensive criminal history, including serious juvenile offenses and the fact that he committed the current offense while on supervised release. The court also determined that the district court did not err in its understanding of its authority to vary downward. Consequently, the Seventh Circuit affirmed the district court's sentence of 87 months in prison. View "United States v Estrada" on Justia Law

Leon Carter was charged by the State of Wisconsin with sexual assault, strangulation, and kidnapping. During his trial, the jury sent a note to the judge with a question, but the bailiff answered it without consulting the judge. The jury found Carter guilty on all counts. After learning of the bailiff’s response, Carter moved for a mistrial, which was denied.On direct appeal, Carter’s appellate counsel filed a no-merit brief, summarizing the record and explaining why potential legal arguments, including those related to the bailiff’s actions, lacked merit. The Wisconsin Court of Appeals agreed and affirmed the convictions, and the Wisconsin Supreme Court denied certiorari.Carter then sought federal habeas relief, asserting two violations: that the state appellate court denied him a meaningful appeal under Anders v. California, and that the state trial judge erred by not holding a hearing to investigate jury intrusion, contrary to Remmer v. United States. The district court rejected the Anders claim and did not consider the Remmer claim. Carter appealed to the United States Court of Appeals for the Seventh Circuit.The Seventh Circuit concluded that Carter’s Anders claim failed, as the Wisconsin Court of Appeals had adequately reviewed the record and briefs, ensuring his appeal was resolved on its merits. The court also found that Carter’s Remmer claim could not overcome the high hurdle set by the Antiterrorism and Effective Death Penalty Act (AEDPA), as the bailiff’s communication with the jury did not rise to the level of presumptive prejudice established in Remmer. Consequently, the Seventh Circuit affirmed the district court’s decision. View "Carter v. Tegels" on Justia Law

Nathaniel Jacobs was found guilty by a jury of several drug and gun possession offenses, as well as witness tampering. The case began when Jacobs appeared at a hospital with a gunshot wound and admitted to police that he had accidentally shot himself with a firearm he was not legally allowed to possess. A search of his home revealed firearms, ammunition, and drug-related evidence, including methamphetamine and paraphernalia. Jacobs was indicted on multiple counts, including illegal possession of firearms, possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and witness tampering.The United States District Court for the Southern District of Indiana handled the initial proceedings. During pretrial, the court granted a government motion to exclude evidence of Jacobs’s girlfriend’s pending criminal charges, which Jacobs wanted to use to suggest her potential bias. The jury trial proceeded, and Jacobs was convicted on all counts.The United States Court of Appeals for the Seventh Circuit reviewed the case. Jacobs raised two issues on appeal: a violation of his Sixth Amendment rights due to the district court's restriction on cross-examining his ex-girlfriend about her potential bias, and a Fourth Amendment challenge regarding the admission of drug evidence found in his home. The appellate court found that any potential Sixth Amendment violation was harmless beyond a reasonable doubt due to the overwhelming evidence against Jacobs. Additionally, the court determined that Jacobs had not shown good cause for failing to file a suppression motion regarding the drug evidence and that the search of the tobacco cans was within the scope of the warrant.The Seventh Circuit affirmed the district court’s judgment, upholding Jacobs’s convictions. View "United States v. Jacobs" on Justia Law

Efrain Leonides-Seguria, a Mexican citizen without legal status in the United States, was detained by Immigration and Customs Enforcement (ICE) on June 15, 2021, for illegal reentry. Six days later, ICE referred him for criminal prosecution. On June 23, federal prosecutors filed a criminal complaint, and a magistrate judge issued an arrest warrant. Leonides-Seguria remained in immigration custody until June 28, when he was arrested on the criminal complaint. He later waived prosecution by indictment, consenting to the filing of a criminal information on July 27.The United States District Court for the Northern District of Illinois denied Leonides-Seguria’s motions to dismiss the federal charge, arguing that the government violated the Speedy Trial Act and that 8 U.S.C. § 1326 is unconstitutional. He pled guilty but reserved the right to appeal these denials. The district court sentenced him to 51 months’ imprisonment.The United States Court of Appeals for the Seventh Circuit reviewed the case. Leonides-Seguria argued that the Speedy Trial Act was violated because the criminal information was filed more than 30 days after his apprehension. He urged the court to recognize a "ruse exception," where civil detention by immigration authorities is used to delay criminal prosecution. The Seventh Circuit declined to resolve the legal question of the ruse exception, finding that the facts did not support its application. The court found no evidence of collusion between ICE and federal prosecutors to circumvent the Speedy Trial Act. The court affirmed the district court’s denial of the motion to dismiss and upheld the constitutionality of 8 U.S.C. § 1326, consistent with precedent. The Seventh Circuit affirmed the district court’s judgment. View "USA v Leonides-Seguria" on Justia Law

Mark Sorensen, owner of SyMed Inc., a Medicare-registered distributor of durable medical equipment, was involved in a business arrangement with PakMed LLC, Byte Success Marketing, and Dynamic Medical Management. They advertised orthopedic braces, obtained signed prescriptions from patients' doctors, distributed the braces, and collected Medicare reimbursements. Byte and KPN, another marketing firm, advertised the braces, and interested patients provided their information, which was forwarded to call centers. Sales agents then contacted patients, generated prescription forms, and faxed them to physicians for approval. Physicians retained discretion to sign and return the forms, with many choosing not to.A federal grand jury indicted Sorensen on four counts: one count of conspiracy and three counts of offering and paying kickbacks for Medicare referrals. The jury found Sorensen guilty on all counts. Sorensen moved for acquittal, arguing insufficient evidence and lack of awareness of the scheme's illegality. The district court denied his motions, finding the evidence sufficient for the jury to conclude Sorensen knew the fee structure and purchase of doctors' orders were illegal. Sorensen was sentenced to 42 months in prison but was released on bond pending appeal.The United States Court of Appeals for the Seventh Circuit reviewed the case and reversed the district court's judgment due to insufficient evidence. The court found that Sorensen's payments to PakMed, KPN, and Byte were for advertising, manufacturing, and shipping services, not for patient referrals. The court emphasized that the Anti-Kickback Statute targets payments to individuals with influence over healthcare decisions, which was not the case here. The court concluded that Sorensen's actions did not violate the statute, as there was no evidence of improper influence over physicians' independent medical judgment. View "USA v Sorensen" on Justia Law

Michael Clark was convicted by a federal jury of possessing a controlled substance based on evidence obtained from a search of his hotel room. Clark challenged the search warrant, arguing that the police investigator, Todd Maas, omitted damaging credibility information about the confidential informant who tipped off the police. The case was previously remanded for a Franks hearing to evaluate Maas's explanation for the omission.The district court, after the Franks hearing, found Maas to be a credible witness who did not purposely or recklessly omit the information. The magistrate judge's recommendation to deny Clark's motion to suppress was adopted, and the judgment of conviction was reinstated. Clark appealed this decision.The United States Court of Appeals for the Seventh Circuit reviewed the district court's factual findings for clear error. Clark contended that the district court erred in finding that Maas did not act with deliberate or reckless disregard for the truth. However, the appellate court found ample support in the record for the district court's conclusion that Maas was credible and non-deceptive. The court noted that Maas's omission was due to department policy at the time, which has since changed. The appellate court affirmed the district court's decision, finding no basis to set aside the credibility determination.The Seventh Circuit also addressed the issue of missing reply briefs, emphasizing their importance in the appellate process. The court noted that Clark's failure to file a reply brief left significant points unaddressed, which could negatively impact the perception of the appeal's merit. Ultimately, the court affirmed the district court's judgment. View "USA v Clark" on Justia Law

Ronald Norweathers was convicted by a jury and sentenced to 250 months’ imprisonment for possessing and distributing child pornography. He claimed that he was acting under the direction of an FBI agent, Joseph Bonsuk, who misled him into collecting and forwarding child pornography as part of a nonexistent undercover operation. The jury rejected his defense, and his post-trial motions and direct appeal were unsuccessful. Norweathers then moved to vacate his conviction and sentence under 28 U.S.C. § 2255, claiming ineffective assistance of counsel for failing to request certain jury instructions and for not calling a computer forensics expert as a witness. The district court denied his motion without a hearing.The United States District Court for the Northern District of Illinois denied Norweathers’s § 2255 motion, finding that his claims lacked merit. The court concluded that the failure to request an apparent authority or entrapment by estoppel jury instruction was immaterial because Norweathers’s testimony did not establish reasonable reliance on a government agent’s authority. The court also dismissed his claim regarding the computer forensics expert, deeming it insufficiently cogent to suggest constitutional error.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court’s decision. The court held that Norweathers’s ineffective assistance of counsel claims were without merit. It found that his testimony did not support a reasonable reliance on Bonsuk’s authority, making the jury instructions irrelevant. Additionally, the court determined that the decision not to call the computer forensics expert was a strategic choice within the wide range of reasonable professional assistance. The court concluded that Norweathers failed to demonstrate a substantial likelihood of a different result had the expert testified, and thus, the district court did not abuse its discretion in denying the motion without an evidentiary hearing. View "Norweathers v USA" on Justia Law