Justia Criminal Law Opinion Summaries

Victor Kearney was indicted for filing a false tax return for 2011 and for conspiring to defraud the United States by impeding the Internal Revenue Service (IRS). The government alleged that Kearney, with the assistance of his tax attorney, Robert Fiser, failed to report taxable trust income on his tax returns from 2007 to 2011. Fiser, who was both an attorney and a certified public accountant, prepared Kearney’s returns during those years, reporting negative income despite Kearney’s receipt of trust income. At trial, Kearney argued that he relied in good faith on Fiser’s advice and was unaware of his personal tax obligations. The defense also challenged Fiser’s credibility, highlighting his ethical violations and criminal history.The United States District Court for the District of New Mexico conducted the trial. The jury convicted Kearney on both counts: filing a false tax return and conspiracy to defraud the United States. The district court sentenced him to 27 months in prison for each count, to run concurrently, and denied his motion for a new trial. Kearney appealed, challenging only his conspiracy conviction. He argued that the district court erred by misinstructing the jury on the elements of conspiracy to defraud and by failing to include the conspiracy charge in the advice-of-counsel instruction.The United States Court of Appeals for the Tenth Circuit reviewed the case and found two plain errors. First, the jury instruction for conspiracy did not require the government to prove that Kearney used deceitful or dishonest means, an essential element of conspiracy to defraud under 18 U.S.C. § 371. Second, the advice-of-counsel instruction was limited to the false return charge and did not inform the jury that this defense applied to the conspiracy charge as well. The court held that these errors prejudiced Kearney’s defense, vacated his conspiracy conviction, and remanded for further proceedings. View "United States v. Kearney" on Justia Law

A 17-year-old defendant was charged with ten serious offenses, including murder and assault, after a violent confrontation at the home of his rivals. The incident stemmed from a feud with a classmate and escalated when the defendant, accompanied by his family, armed himself and attacked the victims’ home. The attack resulted in the death of one individual and severe injuries to others. The defendant, an enrolled member of the Cherokee Nation, was charged under federal law for crimes committed within the Cherokee Nation Indian Reservation.The United States District Court for the Eastern District of Oklahoma first reviewed the case. The government moved to transfer the defendant from juvenile to adult criminal proceedings under the Juvenile Justice and Delinquency Prevention Act. After an evidentiary hearing, the magistrate judge recommended granting the transfer, and the district court adopted this recommendation after conducting a de novo review. The district court weighed the statutory factors, including the defendant’s age, social background, psychological maturity, prior delinquency record, past treatment efforts, and the availability of rehabilitative programs, and found that most factors favored transfer to adult status.On interlocutory appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s decision for abuse of discretion. The appellate court held that the district court did not abuse its discretion in weighing the statutory transfer factors and found no clear error in its factual findings. The court also rejected the defendant’s Eighth Amendment argument that transfer was unconstitutional due to the potential punishments, holding that the challenge was unripe under circuit precedent. The Tenth Circuit affirmed the district court’s order transferring the defendant to adult criminal proceedings. View "United States v. J.D.V., Jr." on Justia Law

A man was stopped by police in Lawton, Oklahoma, for a traffic violation. During the stop, officers smelled marijuana and, after searching his car, found a loaded revolver and various marijuana products. The man did not have a medical marijuana card and was arrested on state charges for marijuana possession, paraphernalia, and a traffic offense. Subsequently, a federal grand jury indicted him for violating 18 U.S.C. § 922(g)(3), which prohibits firearm possession by anyone who is an unlawful user of or addicted to a controlled substance.The United States District Court for the Western District of Oklahoma granted the defendant’s motion to dismiss the indictment. The district court found that the Second Amendment’s text covered the defendant’s conduct and held that applying § 922(g)(3) to non-intoxicated marijuana users was inconsistent with the nation’s historical tradition of firearm regulation. The court reasoned that historical regulations only permitted disarming those who had acted dangerously in the past, not those merely believed to pose a risk of future danger. The government appealed this decision.The United States Court of Appeals for the Tenth Circuit reviewed the case. After the Supreme Court’s decision in United States v. Rahimi clarified the methodology for Second Amendment challenges, the Tenth Circuit concluded that the historical tradition supports disarming individuals believed to pose a risk of future danger, not just those who have acted dangerously before. However, the appellate court found that the government must show that non-intoxicated marijuana users pose such a risk. The Tenth Circuit reversed the district court’s dismissal and remanded the case for further proceedings to determine whether the government can meet this burden. View "United States v. Harrison" on Justia Law

Three former members of a religious organization alleged that the organization intentionally misrepresented its history and the use of member tithing payments. They claimed that, had they known the true facts, they would not have joined or contributed financially. The plaintiffs asserted two main theories under the Racketeer Influenced and Corrupt Organizations Act (RICO): first, that the organization’s leaders made fraudulent statements about the group’s history and beliefs that they did not sincerely hold; and second, that the organization misrepresented how tithing funds would be used, including using them for commercial purposes contrary to representations.The United States District Court for the District of Utah initially dismissed the complaint, finding that the First Amendment’s Religion Clauses and the church autonomy doctrine barred adjudication of claims requiring inquiry into the truth or falsity of religious beliefs. After amendments to the complaint, the district court allowed a RICO claim based on the tithing theory to proceed, viewing it as a secular dispute. However, after further amendments and additional plaintiffs, the district court ultimately dismissed all claims, holding that the church autonomy doctrine barred claims based on religious misrepresentations and that the plaintiffs failed to adequately plead reliance or a pattern of predicate acts for the tithing-based RICO claim.The United States Court of Appeals for the Tenth Circuit affirmed. It held that the church autonomy doctrine bars civil RICO claims premised on alleged misrepresentations about religious history or doctrine, as such claims would require courts to adjudicate ecclesiastical questions. Regarding the tithing theory, the court held that the plaintiffs failed to plausibly allege a causal link between the organization’s statements about tithing and their own financial contributions, as required for a civil RICO claim. The court therefore affirmed the dismissal of all claims. View "Gaddy v. Corp. of the President of the Church of Jesus" on Justia Law

A man was accused of picking up a woman in El Paso, Texas, under the pretense of giving her a ride, then driving her across state lines to his home in Anthony, New Mexico, where he violently sexually assaulted her. The woman testified that she was handcuffed, physically assaulted, and raped multiple times before escaping at a stoplight in El Paso and seeking help. The defendant’s adopted daughter also testified that he had sexually assaulted her repeatedly when she was a minor and again as an adult.A federal grand jury in the United States District Court for the District of New Mexico indicted the defendant for kidnapping and transporting an individual across state lines with intent to engage in illegal sexual activity. At trial, the defendant argued that the encounter with the woman was consensual and related to commercial sex, and he sought to introduce evidence of her prior prostitution to support his consent defense. The district court excluded this evidence under Federal Rule of Evidence 412, finding it irrelevant to consent. The court also allowed the adopted daughter’s testimony under Rule 413, concluding that her allegations of prior sexual assault by the defendant were admissible and not unduly prejudicial under Rule 403. The jury convicted the defendant on both counts.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s evidentiary rulings. The court held that excluding evidence of the victim’s prior prostitution did not violate the defendant’s constitutional rights, as such evidence is not probative of consent under established precedent. The court also affirmed the admission of the adopted daughter’s testimony, holding that Rule 413 applies based on the conduct underlying the charges, not the statutory elements, and that the district court did not abuse its discretion under Rule 403. The court further found that the defendant had waived arguments regarding limitations on cross-examination of the adopted daughter. The convictions were affirmed. View "United States v. Clay" on Justia Law

The case concerns a defendant who was convicted of bank fraud and bank robbery. The key facts involve two separate crimes: first, a violent home invasion in which the defendant’s father-in-law was severely beaten and forced to write a $23,000 check, which the defendant later cashed; and second, a bank robbery in which the defendant threatened a teller with death, claiming cartel affiliation, and used a handwritten note. Law enforcement found a note resembling the robbery note during a search of a car registered to the defendant’s wife, which became a central issue in the case.The United States District Court for the District of New Mexico heard the case. The defendant moved to suppress the evidence found in the car, arguing that his wife lacked authority to consent to the search. The district court found that the wife had actual authority over the car and denied the motion. After conviction, the district court imposed a 312-month sentence, a significant upward variance from the guideline range of 46 to 57 months, citing the brutality of the crimes and the defendant’s history of dishonesty. The defendant appealed, challenging both the search and the reasonableness of the sentence.The United States Court of Appeals for the Tenth Circuit reviewed the case. It held that the wife had actual authority to consent to the car search, making the search constitutional. The court also found that the district court had properly considered the statutory sentencing factors, including the avoidance of unwarranted disparities, and that the sentence was both procedurally and substantively reasonable. The Tenth Circuit affirmed the district court’s rulings and the sentence. View "United States v. Candelaria" on Justia Law

A government agency responsible for marketing hydroelectric power operated a warehouse in Colorado, where an employee, Jared Newman, orchestrated a fraudulent procurement scheme from 2014 to 2017. Newman arranged for the agency to purchase supplies from vendors owned by friends and family, including the defendant, who owned two such companies. The vendors submitted invoices for goods that were never delivered, received payments from the agency, and then funneled most of the money back to Newman, keeping a portion as a commission. The defendant received nearly $180,000 through 59 fraudulent payments, writing checks back to Newman and taking steps to conceal the scheme.A grand jury indicted the defendant in the United States District Court for the District of Colorado on six counts of wire fraud, each corresponding to a specific transfer, and sought forfeiture of all proceeds. At trial, the government introduced evidence of a co-participant’s guilty plea and the district court instructed the jury that it could infer the defendant’s knowledge of the fraud if he was deliberately ignorant. The defendant was convicted on all counts. The district court limited forfeiture to the six charged transfers, totaling about $20,000, but ordered restitution for the full amount received, for which the defendant and Newman were jointly and severally liable.The United States Court of Appeals for the Tenth Circuit reviewed the case. It held that the district court did not abuse its discretion in admitting evidence of the co-participant’s guilty plea, as it was used to assess credibility and not as substantive evidence of guilt, and the jury was properly instructed on its limited use. The court also held that, because there was sufficient evidence of the defendant’s actual knowledge, any error in the deliberate ignorance instruction did not warrant reversal. On the government’s cross-appeal, the Tenth Circuit vacated the forfeiture order, holding that forfeiture should include all proceeds obtained through the fraudulent scheme, not just the charged transactions, and remanded for further proceedings. View "United States v. Cline" on Justia Law

Law enforcement officers executed a search warrant at the defendant’s residence in Kansas as part of an investigation into stolen construction equipment. During the search, officers discovered methamphetamine, heroin, forty-four firearms (including two machine guns), and ammunition. The defendant was arrested at the scene, and after waiving his Miranda rights, admitted to being a daily user of heroin.A federal grand jury in the United States District Court for the District of Kansas indicted the defendant on two counts: possession of a machine gun and possession of a firearm as an “unlawful user” of a controlled substance, specifically heroin, in violation of 18 U.S.C. § 922(g)(3). The defendant moved to dismiss the firearm charge, arguing that while possession of heroin is illegal, neither federal nor Kansas law explicitly criminalizes the use of heroin, and therefore he could not be considered an “unlawful user” under the statute. The district court denied the motion, reasoning that use of a controlled substance necessarily involves possession, which is unlawful for heroin. The defendant then pleaded guilty to both counts, reserving the right to appeal the denial of his motion to dismiss.The United States Court of Appeals for the Tenth Circuit reviewed the statutory interpretation of “unlawful user” de novo. The court held that the term “unlawful user” in § 922(g)(3) includes individuals who regularly use a controlled substance that has no lawful use, such as heroin, because use necessarily entails unlawful possession. The court rejected the argument that the absence of a specific prohibition on use precludes conviction, finding that the illegality of possession suffices. The Tenth Circuit affirmed the district court’s denial of the motion to dismiss and the defendant’s conviction under § 922(g)(3). View "United States v. Davey" on Justia Law

The defendant was charged with being a felon in possession of a firearm after police officers in Oklahoma City pursued a stolen vehicle he was driving. During the chase, the defendant fled on foot and was apprehended near an alleyway, where a loaded pistol was found within arm’s reach of his arrest location. The firearm was dry and free of debris despite rainy conditions, suggesting it had been recently discarded. The defendant had two prior felony convictions: one for distribution of marijuana and another for being a felon in possession of a firearm. At trial, he stipulated to his status as a felon and that the firearm had traveled in interstate commerce, but denied knowingly possessing the gun.The United States District Court for the Western District of Oklahoma initially excluded evidence of the defendant’s prior felon-in-possession conviction under Federal Rule of Evidence 404(b), finding its prejudicial effect outweighed its probative value. However, during trial, the defendant testified about his criminal history, emphasizing that his prior conviction was only for marijuana. The government then sought, and was granted, permission to impeach the defendant with his prior felon-in-possession conviction, arguing that he had created a misleading impression of his criminal background. The district court allowed limited questioning on this conviction and issued a jury instruction to consider it only for impeachment purposes. The jury convicted the defendant.The United States Court of Appeals for the Tenth Circuit reviewed whether the district court abused its discretion in admitting the prior conviction for impeachment. The appellate court held that, although such evidence can be prejudicial, its probative value increased after the defendant minimized his criminal history. The court found no abuse of discretion, concluded any error would have been harmless given the evidence, and affirmed the conviction. View "United States v. Jones" on Justia Law

Two Albuquerque police officers stopped a vehicle driven by the defendant after hearing excessive noise, suspecting a violation of city ordinances regarding vehicle mufflers. Upon stopping the car, the officers discovered the defendant had two outstanding misdemeanor bench warrants, which allowed for release upon posting bond. The officers arrested the defendant, citing both the warrants and a concern about possible illegal items in the car after observing ammunition. The defendant requested to pay the bond or have his mother retrieve the car, but the officers proceeded to impound the vehicle, citing its improper parking across two metered spots and concerns about public safety. During an inventory search prior to towing, officers found firearms, cash, and drugs.The United States District Court for the District of New Mexico denied the defendant’s motion to suppress the evidence found in the car. The court found that the initial stop was supported by reasonable suspicion of a traffic violation, that the impoundment was justified under community-caretaking functions despite mixed motives, and that the inventory search, though imperfectly documented, largely conformed to department policy. The defendant pleaded guilty but reserved the right to appeal the suppression ruling.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the district court’s denial of the motion to suppress. The appellate court held that the officers had reasonable suspicion to justify the traffic stop, that the impoundment was permissible under the community-caretaking exception even with mixed motives, and that the inventory search was reasonable despite incomplete documentation, as it was conducted pursuant to standard procedures and not solely for investigatory purposes. The court concluded that none of the defendant’s Fourth Amendment rights were violated and affirmed the conviction. View "United States v. Ulibarri" on Justia Law