Justia Criminal Law Opinion Summaries

Brandie Nicole Appleton, along with an accomplice, burglarized a Tennessee pharmacy, stealing substantial quantities of controlled substances, firearm parts, and ammunition. After fleeing the scene and attempting to evade law enforcement, Appleton was apprehended, and the stolen items were recovered from her vehicle. Appleton subsequently pleaded guilty to possessing controlled substances with intent to distribute and possessing stolen ammunition. As part of her plea agreement, she waived her right to appeal any sentence within or below the Sentencing Guidelines range.The United States District Court for the Middle District of Tennessee determined Appleton’s Guidelines range to be 41 to 51 months of imprisonment but, noting her progress in overcoming addiction and her personal circumstances, sentenced her to five years of probation. The district court warned her of serious consequences if she violated any probation conditions. Approximately six weeks later, Appleton was arrested for possessing an unprescribed controlled substance, which constituted a violation of her probation. After a revocation hearing, the district court sentenced her to 44 months of imprisonment, within the original Guidelines range.The United States Court of Appeals for the Sixth Circuit reviewed Appleton’s appeal, in which she argued that the district court erred in imposing her sentence after revoking her probation. The government contended that her appeal was barred by the waiver in her plea agreement. The Sixth Circuit held that Appleton’s appeal waiver applied to any sentence within the Guidelines range, including one imposed after probation revocation for the same underlying offense. The court concluded that the waiver was knowingly and voluntarily made, encompassed her present claims, and did not fall under any exceptions. Therefore, the court dismissed her appeal. View "United States v. Appleton" on Justia Law

The case involves a defendant who was convicted by a jury of aiding and abetting kidnapping after an incident in Detroit. The events began when the defendant was shot during a confrontation involving rival gang members, after which the victim was taken by the defendant’s associates for interrogation. The victim was confined, threatened, and beaten at the defendant’s home, with parts of the incident recorded and later shared in an Instagram group chat. After these events, the victim was driven around, further assaulted, and eventually released.Prior to this appeal, the United States District Court for the Eastern District of Michigan oversaw the trial. The court denied the defendant’s motions to suppress evidence obtained from social media accounts, motions to exclude alleged co-conspirator statements, and ruled partially in favor of the government’s effort to limit cross-examination of the victim. After a weeklong trial, the jury acquitted the defendant of conspiracy but found him guilty of aiding and abetting kidnapping. The district court sentenced him to 198 months in prison and imposed several special conditions of supervised release, some of which were only included in the written judgment.The United States Court of Appeals for the Sixth Circuit reviewed the case. It affirmed the district court on four grounds: the denial of suppression motions, the admission of co-conspirator statements, the limitation on cross-examination, and the sufficiency of the evidence for conviction. The appellate court held that the defendant’s constitutional and evidentiary challenges failed. However, it found a discrepancy between the oral pronouncement of sentence and the written judgment regarding two special conditions of supervised release. The court remanded the case to the district court to resolve this discrepancy and, if needed, to consider the constitutional challenges to those conditions. View "United States v. Blake" on Justia Law

Over a five-year period, the defendant participated in a conspiracy to manufacture and distribute 16.1 million counterfeit alprazolam pills, which were sold via the dark web and other channels. The pills imitated the appearance and markings of legitimate FDA-approved alprazolam, but often contained benzodiazepine-class substances that were not scheduled as controlled substances at the time. The defendant marketed these pills as indistinguishable from legitimate products, and received payment in cryptocurrencies.The United States District Court for the Eastern District of Kentucky accepted the defendant’s guilty plea to conspiracy and counterfeiting charges. During sentencing, the court adopted the government’s proposed method for calculating loss under § 2B1.1 of the Sentencing Guidelines, using the estimated street price of $2 per pill to determine a total loss amount of approximately $32 million. The court also applied enhancements for victim numerosity or mass-marketing and for conscious or reckless risk of death or serious bodily injury, resulting in a total offense level of 35. The defendant was sentenced to 90 months’ imprisonment. Both parties objected to the loss calculation and enhancements, but the court overruled the objections after a joint evidentiary hearing.On appeal, the United States Court of Appeals for the Sixth Circuit affirmed the district court’s sentence. The appellate court held that the district court properly interpreted and applied Application Note 3(E)(v) of the Sentencing Guidelines, which requires loss to include the amount paid by end-users for misrepresented goods. It found no clear error in using the street price to calculate loss, nor in applying the enhancements for ten or more victims and for conscious or reckless risk of death or serious bodily injury. The sentence was affirmed in full. View "United States v. Wala" on Justia Law

An eighteen-year-old individual pleaded guilty in a Michigan court to a felony charge for carrying a concealed weapon. Rather than entering a judgment of conviction, the court placed him in a diversion program for youthful offenders under the Holmes Youthful Trainee Act, which deferred both conviction and judgment. The program allowed the court to enter a conviction at any time if the individual failed to meet its requirements. While still participating in this program and on probation, the individual was arrested and admitted possession of a firearm with an obliterated serial number, leading to federal charges.The United States District Court for the Western District of Michigan presided over the federal case. At sentencing, the court adopted the presentence report’s finding that the defendant’s offense level should be increased because he was a “prohibited person” under federal law at the time of the firearm offense, due to his pending felony charge in Michigan. The court concluded that the deferred status under the Michigan program meant the original felony information remained pending, qualifying him as being “under indictment” for purposes of federal firearms restrictions. The district court sentenced him to 48 months in prison.On appeal, the United States Court of Appeals for the Sixth Circuit considered whether participation in Michigan’s diversion program constituted being “under indictment,” thereby justifying the sentencing enhancement as a “prohibited person.” The Sixth Circuit held that, under Michigan law, the original felony charge remains pending throughout the diversion program until successful completion or revocation, and no judgment of conviction is entered unless the program is revoked. Consequently, the court affirmed that the defendant was “under indictment” during the relevant period, and thus properly subject to the federal sentencing enhancement. The judgment of the district court was affirmed. View "United States v. Rolon" on Justia Law

Law enforcement officers responded to a report of an open door at Chad Taylor’s townhouse in Boone County, Kentucky. Inside, they found signs of recently fired gunshots, including bullet holes and spent shell casings. After obtaining search warrants, officers found ammunition and methamphetamine in Taylor’s possession. Taylor admitted to using methamphetamine and exhibited paranoid, erratic behavior, claiming people were watching him. The following day, Taylor was found at his home with a loaded Glock 19, and ballistics matched it to the earlier gunfire. Taylor had prior felony convictions for drug trafficking, intimidation, and misdemeanor domestic battery.A grand jury indicted Taylor for being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). The United States District Court for the Eastern District of Kentucky initially detained Taylor but later released him on conditions due to his history of substance abuse and the risk he posed. Taylor moved to dismiss the indictment, arguing that the statute was unconstitutional both facially and as applied. The district court denied the motion, finding Taylor dangerous based on his prior convictions, and subsequently sentenced him to 30 months’ imprisonment after he pled guilty but reserved his right to appeal the constitutional issue.On appeal, the United States Court of Appeals for the Sixth Circuit reviewed the constitutionality of § 922(g)(1) as applied to Taylor in light of recent circuit precedent. The appellate court held that the dangerousness assessment required for firearm disqualification is distinct from the assessment for pretrial detention. Applying the standard set forth in United States v. Williams, the court found that Taylor’s offense conduct and criminal history—including felony drug trafficking, intimidation, and domestic battery—demonstrated that he was dangerous. The court affirmed the district court’s judgment, holding that § 922(g)(1) is constitutional as applied to Taylor. View "United States v. Taylor" on Justia Law

After receiving an anonymous tip, law enforcement in Mercer County, Kentucky, stopped Steven Fellmy, who was driving a silver Ford Mustang matching the tip’s description. The stop was based on observed traffic violations, including a non-illuminated license plate and failure to signal a turn. After backup arrived, Fellmy was asked to exit the vehicle. He declined consent for a search, so a trained drug dog was led around the car. The dog briefly jumped up onto the car door and partially sniffed through the open window, ultimately alerting officers to drugs. A subsequent search revealed methamphetamine and heroin, leading to Fellmy’s arrest and charge for possession of methamphetamine with intent to distribute.The United States District Court for the Eastern District of Kentucky reviewed and denied Fellmy’s pretrial motion to suppress the drugs. The court found that officers lawfully ordered Fellmy out of the vehicle after a valid traffic stop and that the dog’s actions did not constitute an unlawful search because the officers did not encourage the dog to intrude into the car’s interior. The court also denied Fellmy’s motion in limine to exclude the drug evidence, ruling that concerns about authentication and chain of custody went to the weight of the evidence, not its admissibility, and could be addressed during cross-examination. The drugs were admitted, and Fellmy was convicted by jury and sentenced to 300 months’ imprisonment.On appeal, the United States Court of Appeals for the Sixth Circuit affirmed the district court’s rulings. The Sixth Circuit held that ordering Fellmy out of the car after a valid stop was lawful and that the dog’s brief contact with the car did not amount to a Fourth Amendment search under prevailing legal standards. The court also held that the district court did not abuse its discretion in admitting the drug evidence or in denying an evidentiary hearing regarding the chain of custody. The conviction and sentence were affirmed. View "United States v. Fellmy" on Justia Law

The case concerns a defendant who became involved in a drug conspiracy in Cleveland, Ohio, during 2022 and 2023. Law enforcement conducted controlled buys and wiretaps, ultimately finding that the defendant sold significant quantities of fentanyl pills, including to an undercover agent. Upon his arrest in November 2023, authorities found illegal narcotics in his vehicle and other locations. The defendant was charged with conspiracy to distribute controlled substances, and the government alleged he had a prior “serious drug felony” conviction from April 2023, which could enhance his statutory minimum sentence under federal law.Previously, the United States District Court for the Northern District of Ohio found that the defendant’s April 2023 conviction met the criteria for a “serious drug felony.” After holding an evidentiary hearing, the district court overruled the defendant’s objections, rejected his constitutional arguments regarding jury findings, found the prior conviction final before the current offenses, and determined it lacked authority to review the prosecutor’s discretion in seeking the enhancement. The district court also applied a career-offender enhancement based on prior convictions, resulting in a guidelines range of 262 to 327 months, but ultimately varied downward and sentenced the defendant to 160 months. The defendant appealed, renewing his challenges.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court’s rulings. The appellate court held that any alleged error in not submitting the statutory enhancement facts to a jury was harmless beyond a reasonable doubt, as the defendant had admitted the relevant facts and would have pleaded guilty regardless. The court also held that the prosecution’s decision to seek the statutory enhancement was within its discretion and not arbitrary or vindictive, and that the prior conviction was “final” under existing precedent. Finally, the court rejected the defendant’s challenge to the career-offender enhancement, finding it foreclosed by circuit precedent. The judgment was affirmed. View "United States v. Loines" on Justia Law

Between June 2022 and February 2023, two individuals participated in a conspiracy to distribute methamphetamine in Tennessee. One defendant regularly supplied methamphetamine, while the other purchased and resold it. Law enforcement surveilled their activities, conducted searches, and utilized confidential sources to purchase drugs from both parties. Both defendants gave statements to investigators about the extent and nature of their drug transactions.The United States District Court for the Eastern District of Tennessee charged each defendant with multiple counts related to methamphetamine distribution. Both pled guilty to lesser offenses in exchange for dismissal of other charges. The court calculated each defendant’s sentencing range using drug quantity estimates derived from statements and physical evidence. One defendant objected to the amount attributed, arguing that the calculation relied on unreliable statements and overstated her culpability. Despite objections, the court imposed a sentence within the adjusted Guidelines range. The other defendant requested a downward variance based on age, health, and criminal history, but the court denied this, citing insufficient evidence of mitigating circumstances.On appeal, the United States Court of Appeals for the Sixth Circuit reviewed both sentences for procedural and substantive reasonableness under the abuse of discretion standard. The court held that the sentence for the first defendant was procedurally unreasonable because the district court relied on an uncorroborated out-of-court statement to estimate drug quantity, lacking sufficient indicia of reliability. The court reversed her sentence and remanded for resentencing, restricting the government from introducing new evidence. For the second defendant, the court found the sentence both procedurally and substantively reasonable, affirming the district court’s decision. Thus, the appellate court reversed and remanded for one defendant, and affirmed for the other. View "United States v. Crafton" on Justia Law

While released on bond for a burglary charge, the defendant evaded police during a traffic stop, abandoning his truck in a pond and fleeing on foot. The next day, officers returned and, after a series of encounters involving the defendant and his girlfriend, discovered multiple firearms and ammunition in a nearby SUV, to which the defendant later admitted ownership. Because he had a prior felony conviction, a grand jury indicted him for being a felon in possession of a firearm under federal law. The defendant entered into a plea agreement with the government, recommending certain offense levels and sentencing enhancements, but the agreement did not bind the district court.The United States District Court for the Eastern District of Kentucky received a presentence report that calculated a higher base offense level than the plea agreement had contemplated, after discovering an additional prior controlled substance conviction. Both parties acknowledged the report’s accuracy at sentencing, though they advocated for a lower sentence in line with the plea agreement. The government also acknowledged the court’s independent authority to calculate the guidelines. Ultimately, the district court adopted the presentence report’s range and sentenced the defendant to 110 months, at the bottom of the applicable guidelines range.The United States Court of Appeals for the Sixth Circuit reviewed whether the government breached the plea agreement and whether the sentence was unreasonable. The court held that the government had not breached the plea agreement because the agreement allowed either party to argue for other guideline calculations, and the government did not recommend a higher sentence. The court also found that the sentence was both procedurally and substantively reasonable, as the district court considered the relevant statutory factors and the defendant’s history. The Sixth Circuit affirmed the district court’s judgment. View "United States v. Messersmith" on Justia Law

In 1989, a man committed a brutal murder at a Kentucky laundromat, killing a 61-year-old employee after she asked him to leave. After his arrest, he was charged with several crimes, including murder. Five years later, he pleaded guilty to all charges. He sought to have a judge, rather than a jury, decide his sentence, hoping for a more favorable outcome due to the nature of his crimes. After a series of legal maneuvers and a failed attempt to withdraw his guilty plea, a judge ultimately sentenced him to death, despite the presentation of significant mitigating evidence about his abusive childhood and mental health struggles.On direct appeal, the Kentucky Supreme Court affirmed both his conviction and sentence, rejecting his arguments that his guilty plea was not knowing and voluntary and that the sentencing court had failed to consider all mitigating evidence. The court found that while the trial court’s plea colloquy did not specifically enumerate every right waived by pleading guilty, it was sufficient to show that the defendant understood the consequences. The court also concluded that the sentencing judge had considered all mitigating evidence, even if he found it unpersuasive.After exhausting state postconviction remedies, the petitioner filed a federal habeas corpus petition in the United States District Court for the Eastern District of Kentucky, raising multiple grounds for relief. The district court denied relief and declined to issue a certificate of appealability. The United States Court of Appeals for the Sixth Circuit granted a limited certificate and reviewed two claims de novo: whether the plea was knowing and voluntary, and whether the trial court failed to consider mitigating evidence.The Sixth Circuit held that the Kentucky Supreme Court had not unreasonably applied clearly established federal law in either respect. The record affirmatively demonstrated the petitioner’s understanding of his rights, and the sentencing court’s consideration of mitigation evidence was constitutionally adequate. Accordingly, the Sixth Circuit affirmed the district court’s denial of habeas relief. View "Johnson v. Plappert" on Justia Law