Justia Criminal Law Opinion Summaries

In 2005, Martinez, Vallejo, and 47 others were indicted for crimes committed while they were members of the Milwaukee chapter of the Latin Kings gang organization. Martinez and Vallejo pled guilty to a RICO offense, 18 U.S.C. 1962, and admitted to engaging in predicate racketeering activities, including a 2003 murder. Vallejo, who was 17 years old at the time, and Martinez, who was 16, each fired several shots at the victim. Martinez also pled guilty to attempted murder of a rival gang member; Vallejo’s plea agreement included two attempted murders. All of the attempted murders occurred while the defendants were under the age of 18. In both cases, the court imposed the “maximum sentence”—life in prison.. Neither Martinez nor Vallejo filed a direct appeal. In 2012, the Supreme Court held, in Miller v. Alabama, that the Eighth Amendment prohibits the imposition of a mandatory life sentence without the possibility of parole for juveniles. The Seventh Circuit affirmed the district court’s denial of their motion to vacate, set aside, or correct their sentences under 28 U.S.C. 2255. Martinez and Vallejo’s life sentences were imposed after an individualized sentencing, and not by statutory mandate,and did not violate Miller. View "Vallejo v. United States" on Justia Law

Mullins lived in apartment 2 in the complex behind the BigFoot Lounge in Rockford, Illinois. Mullins and Washington (called “T”) used Mullins’s apartment as a stash house for their cocaine and marijuana distribution operation. Winnebago County Sheriff’s Deputy Boomer submitted an affidavit and obtained a search warrant for Mullins’s apartment. The affidavit stated that a confidential informant had told members of the Narcotics Unit that a black male known as T was selling cocaine and marijuana in the area, was storing the drugs in an apartment behind the BigFoot Lounge, and drove a black Cadillac Escalade with Minnesota registration 161EKT when he delivered drugs. Deputy Boomer reported that he had seen the Cadillac Escalade with Minnesota registration 161EKT in the parking lot of the apartment building behind the lounge. The affidavit also described surveillance by the Narcotics Unit and controlled drug buy. Deputies executed the warrant, recovering 626 grams of marijuana, 16 grams of powder cocaine, more than 150 grams of crack cocaine, drug packaging materials, digital scales, and mail addressed to Mullins. The Seventh Circuit affirmed his convictions under 21 U.S.C. 846 and 841(a)(1) and 21 U.S.C. 841(a)(1), upholding denial of Mullins’s motion to suppress and his request for a Franks hearing. Factual inaccuracies in the warrant affidavit were immaterial to the probable cause determination. View "United States v. Mullins" on Justia Law

Faruki, a computer technology consultant, met Tishfield in 2006 while Tishfield was working as a portfolio manager at SAC Capital, a Connecticut-based hedge fund. In 2010, Faruki informed Tishfield that he had launched his own investment fund, Neural Markets, using mathematically-driven trading strategies. Faruki stated that he was currently investing his own money in the fund to establish a trading history he could pitch to prospective investors. He told Tishfield that in December 2009 his fund had achieved investment returns exceeding 12%, and that his investment return in January 2010 was 32%. Faruki made several other false statement about the fund and about his own credentials. In December 2010, Tishfield received his first account statement, which reported significant losses associated with his $1 million investment. Faruki was charged with seven counts of wire fraud, 18 U.S.C. 1343. The Seventh CIrcuit affirmed his conviction, rejecting challenges to the sufficiency of the evidence and to evidentiary rulings. View "United States v. Faruki" on Justia Law

A vehicle search turned up 11.4 grams of heroin that Fields had obtained from Burnett. Fields called Burnett and said the heroin had been seized and asked Burnett to leave guns in a certain trash can in exchange for Fields’s freedom. Officers saw Burnett driving to that trash can and recovered guns from it. Weeks later, video set up by police captured Burnett mixing heroin with a cutting agent in his basement and packaging it. Davis left Burnett’s home with the heroin and sold 60 tinfoil packets (12.1 grams) to an undercover officer. A jury acquitted Burnett on conspiracy and use of a communication facility in furtherance of a conspiracy charges, but found him guilty on two individual distribution counts. The court found Burnett responsible for 100 grams of heroin, assessed a two-level leadership increase, and imposed a 135-month sentence. Burnett separately pled guilty to mail and wire fraud, 18 U.S.C. 1341, 1343. Burnett’s sister and infant nephew died in a fire, and a $5.75 million settlement was reached for the benefit of five surviving children. Burnett was appointed guardian of the children, and used part of the settlement to buy himself luxury cars, jewelry, and an apartment building. The court imposed enhancements for vulnerable victims and abusing a position of trust and sentenced Burnett to 90 months. In consolidated appeals, the Seventh Circuit affirmed both sentences. View "United States v. Burnett" on Justia Law