Justia Criminal Law Opinion Summaries

Sheldon Morales and Eduardo Santana were surveilled by the DEA after Morales, recently released from prison for drug trafficking, resumed similar activities. Morales coordinated with two incarcerated brokers to arrange drug shipments, which were intercepted by law enforcement. Santana acted as a translator and partner in the operation, discussing plans to expand their drug distribution and defraud suppliers. Morales and Santana were indicted for conspiracy to possess and distribute methamphetamine, fentanyl, and cocaine. Morales faced additional charges for attempting to possess with intent to distribute methamphetamine and fentanyl.In the Northern District of Illinois, Morales requested new counsel multiple times, causing trial delays. His final request for new counsel was partially granted, but the court denied a subsequent motion to replace Joseph Lopez, citing potential further delays. Morales and Santana were convicted by a jury, with Morales found guilty of all charges and Santana convicted of conspiracy to possess with intent to distribute methamphetamine. Post-trial motions for a new trial and acquittal were denied. Santana's request for a minor role reduction at sentencing was also denied, and he was sentenced to 200 months, while Morales received 235 months.The United States Court of Appeals for the Seventh Circuit reviewed the case. Santana's appeal argued insufficient evidence for his conspiracy conviction and error in denying a minor role reduction. The court found ample evidence of Santana's active role in the conspiracy and upheld the district court's sentencing decision. Morales contended the district court erred by not giving a buyer-seller jury instruction and violated his right to counsel of choice. The court found sufficient evidence of a conspiracy with Santana, making the buyer-seller instruction irrelevant, and determined Morales had not properly requested new counsel. The Seventh Circuit affirmed the district court's judgments. View "United States v. Santana" on Justia Law

Kenin Edwards was sentenced to 21 months’ imprisonment for tax fraud after a series of procedural complications. Edwards, who was represented by four different attorneys throughout the process, delayed his trial multiple times before pleading guilty. After his guilty plea, he fired his final attorney, decided to represent himself, recanted his admission of guilt, sought to vacate his plea, and filed numerous frivolous motions. The government, which had initially agreed to recommend a five-month split sentence, sought a 21-month sentence due to Edwards's conduct.The United States District Court for the Central District of Illinois handled the case. Edwards's initial attorneys withdrew due to a breakdown in strategy, and his subsequent attorney was disqualified due to a conflict of interest. Edwards then retained a fourth attorney, with whom he eventually reached a plea agreement. However, Edwards later discharged this attorney as well and chose to represent himself. The district court conducted a Faretta hearing to ensure Edwards's waiver of counsel was knowing and intelligent. Despite Edwards's numerous pro se filings and attempts to withdraw his guilty plea, the district court denied his motions and sentenced him to 21 months.The United States Court of Appeals for the Seventh Circuit reviewed the case. Edwards argued that his Sixth Amendment rights were violated when the district court disqualified his attorney and allegedly forced him to proceed pro se at sentencing. He also claimed the government breached the plea agreement by recommending a higher sentence. The Seventh Circuit dismissed Edwards's appeal, finding that he had waived his right to appeal in his plea agreement. The court held that Edwards's claims did not fall within the exceptions to the appeal waiver and that the government did not breach the plea agreement. View "United States v. Edwards" on Justia Law

Auston McLain exchanged sexually explicit messages with an undercover FBI agent posing as a fifteen-year-old boy named Codey. McLain drove from Iowa to Illinois to meet Codey, where he was arrested with condoms and a cell phone containing the messages. A jury convicted McLain of attempted enticement of a minor and traveling with intent to engage in illicit sexual activity.The United States District Court for the Central District of Illinois excluded McLain's expert witnesses and certain testimony he wished to give. The court also addressed objections to the prosecutor's closing argument remarks and a jury instruction. McLain appealed, arguing these decisions denied him a fair trial.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court found that the district court did not abuse its discretion in excluding the expert testimony, as it was not relevant to McLain's specific intent and could confuse the jury. The court also held that any error in excluding McLain's testimony about his past experiences was harmless, given the strong evidence against him. The prosecutor's remarks, while close to improper, did not deny McLain a fair trial. The jury instruction on intent was a correct statement of law and did not mislead the jury.The Seventh Circuit affirmed the district court's judgment, concluding that the cumulative effect of the alleged errors did not render the trial fundamentally unfair. The evidence overwhelmingly supported McLain's guilt, and none of the errors, individually or cumulatively, affected the verdict. View "United States v. McLain" on Justia Law

Dante Small faced charges of battery and two counts of attempted murder for hitting one police officer with a car and narrowly missing another. He claimed that his trial attorney misadvised him about his sentencing exposure, leading him to reject a plea offer and proceed to trial. An Illinois jury convicted him on all counts, and the trial judge sentenced him to the mandatory minimum of 40 years in prison. Small then sought federal habeas relief, alleging ineffective assistance of counsel.In the Circuit Court of Cook County, Illinois, Small's attorney indicated that Small wanted to negotiate a plea agreement. During a pretrial hearing, the prosecutor mentioned a 20-year plea offer, which was rejected. Small was ultimately convicted and sentenced to 40 years. He filed a pro se post-conviction petition, arguing that his counsel misinformed him about the sentencing range and that he would have accepted a plea if properly advised. The state trial court denied his petition, and the Appellate Court of Illinois affirmed, finding that the pretrial transcript contradicted Small's claims. The Supreme Court of Illinois denied his petition for leave to appeal.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court found that the state court made an unreasonable determination of fact by concluding that the pretrial transcript contradicted Small's claims about being misadvised on sentencing exposure. The Seventh Circuit held that Small was entitled to an evidentiary hearing to develop the factual record regarding his ineffective assistance of counsel claim. The court vacated the district court's order and remanded the case for an evidentiary hearing. View "Small v. Woods" on Justia Law

David Swartz was charged with wire fraud and aiding and assisting the filing of a false tax return. He pleaded guilty to both counts. The probation department prepared a presentence investigation report (PSR) that incorrectly calculated Swartz's net worth. Despite Swartz's correction of his assets, the PSR did not update his net worth. At sentencing, the district court imposed a $10,000 fine, relying on the PSR's recommendations.Swartz objected to the PSR's net worth calculation and filed a memorandum noting the correct figure. The district court adopted the PSR's recommendations, including the fine, and ordered restitution and a special assessment. Swartz argued that the district court violated his due process rights by relying on inaccurate financial information and failed to comply with statutory requirements in imposing the fine.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court found that the district court did not rely on the incorrect net worth figure when imposing the fine. The district court considered Swartz's significant assets, limited liabilities, and positive monthly cash flow, which were accurately stated in the PSR. The court also found that the district court properly considered the relevant factors under 18 U.S.C. § 3572(a) and did not err in determining Swartz's ability to pay the fine.The Seventh Circuit held that the district court did not commit procedural error or violate Swartz's due process rights. The court affirmed the district court's judgment, including the imposition of the $10,000 fine. View "United States v. Swartz" on Justia Law

Frederick Brewer was convicted by a jury of distributing fentanyl, possessing with intent to distribute fentanyl, and participating in a conspiracy to distribute fentanyl. The jury, however, found that the government did not prove beyond a reasonable doubt that Brewer's conspiracy and possession convictions involved at least 40 grams of fentanyl. Brewer moved for acquittal twice, arguing insufficient evidence, but the district court denied both motions. Brewer appealed, contending that the evidence was insufficient to support his convictions and that the district court erred in calculating the drug quantity for sentencing.The United States District Court for the Eastern District of Wisconsin initially denied Brewer's motions for acquittal. The court found sufficient evidence to establish that Brewer and his co-defendant, Don James, Jr., were engaged in a conspiracy to distribute fentanyl, rather than a simple buyer-seller relationship. The court also rejected Brewer's argument that the jury's finding regarding the drug quantity undermined the guilty verdicts. At sentencing, the district court attributed 1.2 to 4 kilograms of fentanyl to Brewer, resulting in a higher base offense level and a sentence of 144 months in prison followed by 120 months of supervised release.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's decisions. The appellate court held that the evidence was sufficient to support Brewer's convictions for conspiracy, possession, and distribution of fentanyl. The court also upheld the district court's drug quantity determination for sentencing purposes, noting that the sentencing court could consider conduct underlying acquitted charges if proven by a preponderance of the evidence. Brewer's conviction and sentence were affirmed. View "United States v. Brewer" on Justia Law

Richard Walker was arrested at his girlfriend Ramona Paulette's residence, where he was staying overnight. Officers conducted a protective sweep of the residence and found a loaded firearm under the mattress in Walker Jr.'s bedroom. Later, with consent from Paulette's mother, Laverne Shipp, officers conducted a second search and found drugs in Paulette's bedroom. Walker was indicted for being a felon in possession of a firearm and possession with intent to distribute fentanyl. He moved to suppress the evidence, arguing the searches violated the Fourth Amendment.The United States District Court for the Southern District of Illinois denied Walker's motion to suppress, finding the protective sweep and subsequent search justified. Walker entered a conditional guilty plea, reserving the right to appeal the denial of his suppression motion. He was sentenced to 51 months' imprisonment and three years of supervised release.The United States Court of Appeals for the Seventh Circuit reviewed the case. Walker argued that the firearm and drugs were discovered through an unconstitutional search. The court found that Walker had standing to challenge the search and that the protective sweep was unlawful in scope when officers lifted the mattress in Walker Jr.'s bedroom. The court also determined that the district court erred in applying the attenuation exception to the exclusionary rule and did not address the inevitable discovery exception.The Seventh Circuit reversed the district court's denial of Walker's suppression motion and remanded the case for further proceedings to determine if the inevitable discovery exception applied and to reassess whether Shipp's consent justified the second search. View "United States v. Walker" on Justia Law

Heriberto Carbajal-Flores, an illegal alien, was arrested in Chicago after firing a pistol at passing cars during a period of civil unrest. He was indicted for possessing a firearm as an illegal alien under 18 U.S.C. § 922(g)(5)(A). Carbajal-Flores moved to dismiss the indictment, arguing that the statute violated his Second Amendment rights. The district court denied his initial motion but reconsidered after the Supreme Court's decision in New York State Rifle & Pistol Ass’n v. Bruen, which established a new framework for evaluating Second Amendment challenges.The district court ultimately found § 922(g)(5)(A) facially constitutional but held it unconstitutional as applied to Carbajal-Flores, reasoning that historical traditions only supported disarming untrustworthy or dangerous individuals, and Carbajal-Flores did not fit that description. The government appealed this decision.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court held that the Second Amendment's protections do not extend to illegal aliens, as historical evidence shows a consistent tradition of disarming individuals who have not sworn allegiance to the sovereign. The court found that § 922(g)(5)(A) aligns with this tradition, as it only disarms illegal aliens who have not taken an oath of allegiance. The court concluded that the statute is constitutional both on its face and as applied to Carbajal-Flores, reversing the district court's decision and remanding the case for further proceedings. View "United States v. Carbajal-Flores" on Justia Law

Law enforcement conducted a warrant-backed search of an apartment occupied by Tyrone Fulwiley and Deandre Maxwell, uncovering firearms, cocaine, and drug distribution paraphernalia. Maxwell pleaded guilty to charges of possession of cocaine with intent to distribute, possession of a firearm in furtherance of a drug trafficking offense, and possession of a firearm by a felon. Fulwiley went to trial and was convicted on all counts by a jury. Both defendants challenged the search, the denial of a Franks hearing, and the refusal to reveal the identity of the confidential informant. Fulwiley also contested the sufficiency of the evidence supporting his conviction.The United States District Court for the Central District of Illinois denied the defendants' motions to suppress evidence, for a Franks hearing, and to reveal the informant's identity. Fulwiley's motion for a judgment of acquittal was also denied. Maxwell pleaded guilty, while Fulwiley was convicted by a jury based on evidence including testimony from law enforcement and a forensic expert linking him to the drugs and firearms found in the apartment.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's decisions. The appellate court held that the search warrant was supported by probable cause, given the detailed and corroborated information provided by the confidential informant. The court also found no error in the denial of a Franks hearing, as the defendants failed to make a substantial preliminary showing of a material falsity or omission in the warrant affidavit. Additionally, the court upheld the decision not to reveal the informant's identity, as the informant was deemed a mere tipster and not essential to the defense. Finally, the court found sufficient evidence to support Fulwiley's convictions, including his constructive possession of the drugs and firearms and the nexus between the firearms and drug trafficking activities. View "United States v. Maxwell" on Justia Law

Malcolm Wilson, an inmate at Indiana State Prison, was involved in an altercation where he grabbed another inmate's cane to defend himself, causing the other inmate to fall and require medical attention. Wilson was charged with battery and, after a disciplinary hearing conducted by Lieutenant Angelita Castaneda, was found guilty. Castaneda imposed a sentence that included 90 days in restrictive housing, a demotion in credit class, and up to $100,000 in restitution for medical costs.The United States District Court for the Northern District of Indiana dismissed Wilson's pro se complaint at the screening stage under 28 U.S.C. § 1915A, finding that there was sufficient evidence to support the restitution order. Wilson's motion for reconsideration was also denied. Wilson appealed the dismissal, arguing that the restitution amount was not supported by any evidence.The United States Court of Appeals for the Seventh Circuit reviewed the case de novo, accepting the factual allegations in Wilson's complaint as true. The court found that the evidence presented at the disciplinary hearing, including Wilson's statements, video footage, and staff conduct reports, constituted "some evidence" to support the restitution order. The court held that the procedural requirements of due process were met, as Wilson received notice of the charges, an opportunity to defend himself, and a written statement of the evidence and reasons for the disciplinary action. The court affirmed the district court's judgment, concluding that Wilson received the process he was due. View "Wilson v. Castaneda" on Justia Law