Justia Criminal Law Opinion Summaries

Jason Florence, while on supervised release for a prior federal child pornography conviction, was found in possession of a smartphone containing child pornography during an unscheduled home visit by his probation officer. The conditions of his supervised release prohibited him from possessing such devices without his probation officer's knowledge. A forensic analysis of the confiscated phone revealed over one hundred images and two videos of child pornography, some accessed shortly before the search. Florence admitted ownership of the phone and provided its passcode, and other evidence linked him to the device and the illicit materials.This case was tried before the United States District Court for the Western District of Kentucky. The parties stipulated to Florence’s prior convictions and the terms of his supervised release. After a two-day trial, a jury convicted Florence of possessing child pornography and found that the material depicted minors under 12 years old. At sentencing, the district court determined that Florence’s prior conviction triggered a statutory mandatory minimum sentence of ten years’ imprisonment under 18 U.S.C. § 2252A(b)(2), and imposed a life term of supervised release. Florence objected, arguing that Fifth and Sixth Amendment rights required the jury to find the fact of his prior conviction, and he challenged the admission of his probation officer’s credibility testimony and the reasonableness of his sentence.On appeal, the United States Court of Appeals for the Sixth Circuit held that the district court did not err in finding the fact of Florence’s prior conviction and applying the mandatory minimum, citing the narrow exception in Almendarez-Torres v. United States, which allows a judge to find the fact of a prior conviction. The court found any error in admitting the probation officer’s credibility testimony harmless, given the overwhelming evidence of guilt. Finally, the Sixth Circuit held that the life term of supervised release was both procedurally and substantively reasonable. The judgment of the district court was affirmed. View "United States v. Florence" on Justia Law

In this case, federal prosecutors charged several members of the Junk Yard Dogs, a Memphis-area gang affiliated with the Almighty Vice Lord Nation, with racketeering, murder, attempted murder, and firearms offenses stemming from a violent gang war in the summer of 2020. The indictment followed a spree of shootings that injured multiple people and left one dead. Of the fifteen indicted, most pled guilty, but Tomarcus Baskerville (gang leader), Thomas Smith (second-in-command), and Courtland Springfield (foot soldier) went to trial. Extensive evidence at trial included testimony from cooperating codefendants, phone records, and physical evidence linking the defendants to coordinated attacks against rival gangs.The United States District Court for the Western District of Tennessee presided over the trial. After lengthy deliberations, the jury convicted Baskerville, Smith, and Springfield on various racketeering and violent crime counts. There were challenges during deliberations related to suspected jury intimidation, but after polling jurors and interviewing the foreperson, the district court found the jury remained impartial and denied motions for mistrial. Springfield was acquitted of certain charges, and another defendant was acquitted entirely.The United States Court of Appeals for the Sixth Circuit reviewed the convictions and sentences. The court affirmed all convictions, finding the evidence sufficient and rejecting arguments for mistrial or the necessity of individual juror questioning. The court held that the district court did not abuse its discretion in handling jury intimidation claims and properly admitted the government’s phone chart exhibits. However, consistent with the government’s concession, the Sixth Circuit vacated Smith’s sentence related to his firearm conviction and remanded for resentencing, ruling that the mandatory minimum sentence imposed exceeded what the jury’s findings supported under federal law. View "United States v. Baskerville" on Justia Law

On the evening of Black Friday in 2021, two employees at a T-Mobile store in Columbus, Ohio were robbed at gunpoint by a masked individual who forced them into a back room, demanded phones and money, and sprayed them with mace before fleeing. Unbeknownst to the robber, a bait phone with a GPS tracker was included among the stolen items, allowing police to quickly locate and apprehend him after a high-speed chase. The suspect, Kevin Daniels, was arrested and, after waiving his Miranda rights during interrogation, admitted to the crime. A search of his vehicle found the stolen goods, a gun, and the disguise used in the robbery.The United States District Court for the Southern District of Ohio presided over Daniels’s trial. He was indicted on three counts: Hobbs Act robbery, brandishing a firearm during a crime of violence, and felon-in-possession of a firearm. After a jury convicted him on all counts, the district court calculated a sentencing guidelines range of 78 to 97 months for the robbery and possession offenses, and imposed the mandatory minimum 7-year sentence for the firearm offense, resulting in a total sentence of 181 months. Daniels raised various pretrial and sentencing challenges, including suppression of statements, issues with counsel, discovery violations, and objections to guideline enhancements.The United States Court of Appeals for the Sixth Circuit reviewed Daniels’s appeal, which included constitutional, evidentiary, instructional, and sentencing claims. The court held that Daniels knowingly and voluntarily waived his Miranda rights, that the district court did not abuse its discretion in denying substitution of counsel, and that there was no reversible error related to discovery or jury instructions. The court also affirmed the application of the physical-restraint and bodily-injury enhancements, and found no error in the calculation of Daniels’s criminal history score. The judgment of the district court was affirmed. View "United States v. Daniels" on Justia Law

In 2020, an activist named Sir Maejor Page created and operated a Facebook page for an organization called Black Lives Matter of Greater Atlanta (BLMGA), which he registered as a nonprofit in Georgia and obtained tax-exempt status. After failing to file required tax forms for three years, BLMGA’s tax-exempt status was revoked, but the organization continued to appear as a nonprofit on Facebook and receive donations. Following the death of George Floyd, donations surged to over $490,000. Page assured donors that the money would support protests and related activities, but he instead used the funds for personal expenses, including luxury items, a house, home renovations, firearms, and hiring a prostitute.The United States District Court for the Northern District of Ohio indicted Page on one count of wire fraud and three counts of money laundering, alleging he defrauded donors by misrepresenting the intended use of their contributions. At trial, Page testified in his defense, but the jury found him guilty on all counts. During sentencing, the district court adopted the U.S. Probation Office’s recommendations, overruling Page’s objections regarding obstruction of justice, loss amount, and number of victims. The court imposed a sentence of 42 months’ imprisonment on each count, to run concurrently, followed by three years of supervised release.The United States Court of Appeals for the Sixth Circuit reviewed Page’s convictions and sentence. The court held that there was sufficient evidence to support the wire fraud and money laundering convictions, finding Page’s misrepresentations induced donations and that the funds were used for personal benefit. The court also upheld the district court’s evidentiary rulings and sentencing enhancements, concluding there was no plain or prejudicial error. Accordingly, the Sixth Circuit affirmed Page’s convictions and sentence. View "United States v. Page" on Justia Law

Investigators from the DEA and Owensboro Police Department began an investigation in September 2021 into suspected methamphetamine trafficking involving Cedric Swanagan and Courtland Reed. Wiretap evidence, corroborated by intercepted communications and witness testimony, linked Swanagan and Reed to multiple drug transactions, including a key February 2022 incident where Reed paid Nicole Toliver for methamphetamine that was found in her car during a traffic stop. Both defendants were ultimately indicted for conspiracy and possession with intent to distribute large quantities of methamphetamine.The United States District Court for the Western District of Kentucky presided over the consolidated trial. Swanagan moved to suppress evidence from the wiretap, arguing the supporting affidavit contained intentional or reckless falsehoods, but the court denied his motion without a Franks hearing, finding no substantial preliminary showing of falsity. At trial, law enforcement officers testified about intercepted calls, interpreting slang and summarizing conversations. The district court managed objections to this testimony, ensuring officers spoke from personal experience and refrained from narrating facts beyond their direct knowledge. Reed was shackled during trial, but the court took steps to conceal this from the jury. After jurors potentially saw defendants in shackles in the courthouse lobby, the court conducted voir dire and found no actual prejudice. Both defendants were convicted, and the court denied motions for acquittal and new trial. Swanagan was sentenced to 360 months based on enhancements for his leadership in the conspiracy and prior convictions; Reed received a 300-month sentence based in part on a prior burglary conviction.The United States Court of Appeals for the Sixth Circuit affirmed the convictions and Swanagan’s sentence, finding no reversible error in evidentiary rulings, jury management, or sufficiency of the evidence. The court vacated Reed’s sentence, holding that his Kentucky burglary conviction did not qualify as a “serious violent felony” for sentence enhancement under 21 U.S.C. §§ 841 and 851, and remanded for resentencing. View "United States v. Reed" on Justia Law

In this case, Ricco Saine was approached by police in a motel parking lot after a BOLO alert indicated he was suspected of narcotics trafficking. Officers, believing the motel was a known drug location, called in a K9 unit, which alerted on Saine’s truck. A subsequent search uncovered a firearm and a small amount of a substance believed to be marijuana, though its identity was not confirmed. Weeks later, officers investigating at Saine’s home discovered additional firearms, some of which had been purchased by Saine’s wife, Tonya, with Saine present. Police later obtained a text exchange between Saine and Tonya, indicating she had his gun in their house.The United States District Court for the Eastern District of Tennessee denied Saine’s motion to suppress the firearm found in his truck, rejecting his argument that the K9’s inability to distinguish between legal hemp and illegal marijuana invalidated probable cause for the search. At trial, the court also admitted the text exchange between Saine and Tonya, overruling Saine’s objections that it constituted inadmissible hearsay and impermissible propensity evidence under Federal Rule of Evidence 404(b). The jury returned guilty verdicts on both counts of unlawful possession of a firearm as a convicted felon.Reviewing the case, the United States Court of Appeals for the Sixth Circuit held that a K9 alert supplies probable cause for a vehicle search, even when the dog cannot distinguish between legal and illegal cannabis, as probable cause depends on probabilities, not certainties. The court also found that the admission of the text exchange was proper, as it was used to show Saine’s knowledge rather than propensity, and any prejudicial effect did not substantially outweigh its probative value. The court affirmed Saine’s conviction. View "United States v. Saine" on Justia Law

Kevin Clay and his associate founded a pharmaceutical sales company that marketed compounded prescriptions directly to patients, promising them a share of the insurance reimbursements for each prescription filled. The company partnered with a pharmacy willing to pay a portion of the insurance proceeds and recruited employees from a local business whose health plan covered these prescriptions. Patients were directed to a doctor who readily prescribed the creams, resulting in millions of dollars in reimbursements over two years. Clay established a public charity to reduce his tax burden but used its funds for personal expenses and failed to comply with nonprofit requirements.The United States District Court for the Northern District of Ohio oversaw Clay’s trial. A jury convicted him of conspiracy to commit healthcare fraud, healthcare fraud, and making a false statement to the IRS, but acquitted him of a separate tax charge. The court sentenced Clay to 51 months’ imprisonment and ordered restitution totaling nearly $7 million to both Fiat Chrysler and the IRS. Clay appealed his convictions, sentence, and restitution orders.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court affirmed Clay’s convictions and rejected his challenges to the jury instructions and evidentiary rulings. However, it found error in the district court’s restitution orders and the application of a sentencing enhancement. Specifically, the Sixth Circuit held that restitution should not include payments for medically necessary prescriptions and that the apportionment of restitution must consider each defendant’s contribution and economic circumstances. The court also determined the restitution order to the IRS was not properly substantiated and included acquitted conduct. Finally, the case was remanded for further proceedings on restitution and for clarification or reconsideration of the leadership sentencing enhancement. View "United States v. Clay" on Justia Law

Joe’Veon Penson Willis operated a residence used for drug trafficking with his half-brother. On Christmas Day 2021, the two streamed a Facebook Live video describing their drug business, which drew the attention of federal authorities. Shortly afterward, agents from the ATF and DEA executed a search warrant at their house, discovering significant quantities of methamphetamine and fentanyl, multiple firearms, and drug paraphernalia in various rooms. Further investigation established that Willis had used a straw purchaser to acquire at least some of the firearms.Willis was charged in the United States District Court for the Northern District of Ohio with maintaining a drug premises and two counts of aiding and abetting false statements in the purchase of firearms. He pled guilty without a written plea agreement. At sentencing, Willis objected to a two-level sentencing enhancement for maintaining a drug premises, arguing that it constituted impermissible double-counting because the underlying offense and enhancement addressed the same conduct. He also challenged the attribution of certain drugs found in shared spaces to him. The district court rejected these objections, adopted the presentence report in full, and imposed three concurrent sentences of 135 months, which was below the advisory Guidelines range.On appeal, the United States Court of Appeals for the Sixth Circuit reviewed Willis’s arguments de novo for double-counting and for abuse of discretion regarding substantive reasonableness. The court held that applying the two-level enhancement for maintaining a drug premises, even when the underlying conviction was for that same conduct, was permissible given clear Congressional intent. The court also found the sentence substantively reasonable and adequately supported by the record. Although the court acknowledged a technical error in the length of the firearm-related sentences exceeding statutory maximums, it determined this had no practical effect because all sentences ran concurrently. Accordingly, the Sixth Circuit affirmed the district court’s judgment. View "United States v. Willis" on Justia Law

A Michigan State Trooper conducted a traffic stop after observing a vehicle with expired registration. The passenger, Adam Santos, was identified as a convicted felon, currently on probation, and flagged in police databases as possibly armed and dangerous. During the stop, the trooper noticed Santos acting nervously and avoiding searching a cross-body bag when asked for identification. After obtaining the driver’s consent to search the vehicle, the trooper removed both occupants from the car for safety. While frisking Santos, the trooper felt a weight in the bag consistent with a firearm. A struggle ensued when the trooper attempted to open the bag, and a gun was recovered. Santos was indicted for unlawful possession of a firearm by a felon.The United States District Court for the Western District of Michigan denied Santos’s motion to suppress the gun, finding that the officer’s actions were justified by concerns for safety and that the driver voluntarily consented to the vehicle search. The court also found the frisk of Santos and the subsequent search of the bag permissible, given the reasonable suspicion and probable cause developed during the stop.On appeal, the United States Court of Appeals for the Sixth Circuit reviewed the district court’s legal conclusions de novo and its factual findings for clear error. The appellate court held that the trooper did not violate Santos’s Fourth Amendment rights. The stop was lawfully initiated, and the questions and actions taken by the officer, including the removal of both occupants and the frisk of Santos, were justified by safety concerns based on specific, articulable facts. The court affirmed the district court’s denial of the suppression motion, holding that neither the duration nor the scope of the stop nor the search of Santos’s bag was unconstitutional. View "United States v. Santos" on Justia Law

Milder Escobar-Temal, a Guatemalan national, unlawfully entered the United States in 2012, living and working in Nashville, Tennessee. In October 2022, Nashville police responding to a domestic incident found three firearms at his residence. He was charged with unlawful possession of a firearm under 18 U.S.C. § 922(g)(5)(A), which prohibits possession of firearms by individuals unlawfully present in the United States. Escobar-Temal had no prior criminal convictions except a dismissed charge for driving without a license.The United States District Court for the Middle District of Tennessee denied Escobar-Temal’s motion to dismiss the indictment, in which he argued that § 922(g)(5)(A) violated the Second Amendment both facially and as applied. The district court reasoned that, while the Second Amendment’s protections may extend to unlawfully present persons, historical tradition supported disarming those who had not sworn allegiance to the state. After denying the motion, Escobar-Temal pleaded guilty but reserved the right to appeal the constitutional issue.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court’s judgment. The Sixth Circuit held that the Second Amendment does protect individuals unlawfully present in the United States if they have developed sufficient connections to the national community. However, it further held that there is a longstanding historical tradition of disarming groups lacking a formal relationship with the government, such as unlawfully present noncitizens, due to regulatory difficulties rather than inherent dangerousness. Therefore, the court concluded that § 922(g)(5)(A) does not violate the Second Amendment, either on its face or as applied to Escobar-Temal, and affirmed his conviction and sentence. View "United States v. Escobar-Temal" on Justia Law