Justia Criminal Law Opinion Summaries

In this case, Chad Michael Rider was convicted of three counts of producing or attempting to produce child pornography in violation of 18 U.S.C. § 2251(a) and was sentenced to 720 months’ imprisonment. The evidence presented included numerous videos that Rider had taken of minors, in various stages of undress, in places where they expected privacy such as bathrooms. Rider appealed his conviction and sentence on several bases, including arguing that his conversation with police officers, where he admitted to setting up cameras, should have been suppressed, that expert testimony about his lack of pedophilic tendencies should have been admitted, that there was insufficient evidence to support his convictions, that the jury instructions constructively amended the indictment, and that his sentence was unreasonable.The United States Court of Appeals for the Fifth Circuit rejected all of Rider's arguments and affirmed his conviction and sentence. The court found that Rider was not in custody when he spoke to the officers, and so his statements were not involuntary. The court also found that there was no error in excluding the expert testimony, as it was not relevant to any element of the charges that the government had to prove. The court also found that there was sufficient evidence to support the convictions, as there was ample evidence that Rider had the intent and took the necessary steps to produce child pornography. The court also ruled that the jury instructions did not constructively amend the indictment. Finally, the court found that the sentence was not unreasonable, given the uniquely disturbing facts of the case and Rider's lack of remorse. View "United States v. Rider" on Justia Law

In this case, the defendant, Bobby Quinton Gentile, pleaded guilty to conspiracy to possess with intent to distribute at least 500 grams of methamphetamine. He later appealed his sentence, arguing that the district court judge improperly coerced him into withdrawing his objections to the drug amount calculation in the Presentence Investigation Report by threatening to deny him his acceptance of responsibility points. The United States Court of Appeals for the Fifth Circuit found no plain error and affirmed the district court's decision. The court held that Gentile's argument that he was judicially coerced to withdraw his objections to the drug amount calculation fails under plain error review because, even assuming arguendo that the district court erred clearly by coercing him, Gentile did not show the error affected his substantial rights. His sentence was affirmed. View "USA v. Gentile" on Justia Law

In this case, Mike Austin Anderson, the defendant, was convicted of assault with a dangerous weapon, assault resulting in serious bodily injury, and using a gun during a crime of violence. These charges stemmed from an incident that took place on the Choctaw Indian Reservation in Mississippi, where Anderson shot Julian McMillan after an argument. On appeal, Anderson contested that the district court erred in ruling that the prosecution presented sufficient evidence for the jury to return guilty verdicts, despite the court's self-defense instruction. He also argued that the district court wrongly denied his pretrial motion to recuse the lead prosecutor and the entire United States Attorney's Office for the Southern District of Mississippi due to a conflict of interest. Anderson claimed that the lead prosecutor had previously represented him and his father while working as a public defender in Choctaw Tribal Court. The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision, holding that the evidence against Anderson was sufficient and that the district court did not err in denying his recusal motion. The appellate court found no substantial relationship between the prosecutor's prior representation of Anderson and the current federal prosecution against him. View "USA v. Anderson" on Justia Law

In a healthcare fraud case involving Medicare kickbacks, defendants Lindell King and Ynedra Diggs appealed their convictions and sentences. They challenged the United States District Court for the Southern District of Texas's decision to admit recordings involving them and other co-conspirators, and disputed the court's calculation of the improper benefit received for the purpose of their sentence, as well as the restitution award. The United States Court of Appeals for the Fifth Circuit examined these arguments and ruled in favor of the lower court.The defendants were accused of receiving bribes from a Medicare provider, Dr. Paulo Bettega, for referring Medicare beneficiaries to him for unnecessary treatment or non-provided treatment. The Court of Appeals rejected the defendants' Confrontation Clause arguments, stating the recordings were not testimonial and did not violate the Confrontation Clause. It further dismissed the defendants' assertion that the recordings were impermissible hearsay.Regarding the calculation of the improper benefit, the court concluded that the government had proved by a preponderance of the evidence that the entire operation was fraudulent. The defendants failed to provide rebuttal evidence of any legitimate medical expenses that should offset the amount paid to Bettega for treatment provided to residents of their group homes.The Court of Appeals also upheld the restitution award. It rejected the defendants' argument that their maximum restitution was limited to the $70,000 they received in kickbacks. The court held the defendants jointly and severally liable for all foreseeable losses within the scope of their conspiracy.In conclusion, the Court of Appeals affirmed the judgment and sentence of the district court, finding no error in its proceedings or decisions. View "USA v. King" on Justia Law

In the United States Court of Appeals for the Fifth Circuit, the case involved Marco Antonio Abundiz, the defendant-appellant, who was convicted and sentenced to life imprisonment for sexually abusing his six-year-old niece, K.Z. Abundiz appealed his conviction arguing that the district court erred in several areas including: allowing the victim to testify via closed-circuit television (CCTV) which he claimed violated his Sixth Amendment right to confrontation; failing to make the necessary findings before permitting the victim to testify via CCTV; admitting evidence of a previous sexual assault; admitting evidence that he possessed child pornography; and the instructions given to the jury regarding evidence admitted under the Federal Rules of Evidence 413 and 414.After reviewing the case, the Court of Appeals affirmed the decision of the district court. The Court held that the district court did not err in allowing the victim to testify via CCTV. The Court determined that the district court made the necessary findings showing that the child would be unable to testify in open court due to fear and a substantial likelihood she would suffer emotional trauma.The Court also found no error in the district court's admission of evidence regarding prior sexual assaults and child pornography possession. The Court observed that the district court had appropriately exercised its discretion to admit this evidence under the Federal Rules of Evidence 413 and 414, providing that such evidence can be considered in sexual assault and child molestation cases, respectively.Lastly, the Court concluded that the district court's jury instructions regarding the use of evidence admitted under Rules 413 and 414 were not erroneous. The Court noted that the instructions appropriately informed the jury that such evidence could be used for any relevant purpose only if it was proven by a preponderance of the evidence. The instructions did not allow the jury to convict using a lower standard of proof or confuse the preponderance and beyond a reasonable doubt standards. View "USA v. Abundiz" on Justia Law

The case concerns an appeal by Carl Monroe Gordon against his conviction on the grounds of aggravated sexual abuse of a child, traveling to engage in illicit sexual conduct, and abusive sexual contact with a child. Gordon argued that his statutory and constitutional rights to a speedy trial were violated due to delays in bringing him to trial and the denial of his motion to dismiss the indictment by the district court. The United States Court of Appeals for the Fifth Circuit affirmed the district court's judgment. The Court held that the delay in bringing Gordon to trial did not violate the Speedy Trial Act since the period of delay was attributed to other proceedings related to the defendant and ends-of-justice continuances due to the COVID-19 pandemic. Furthermore, the Court determined that Gordon's Sixth Amendment right to a speedy trial was not violated as he failed to demonstrate actual prejudice resulting from the delay. View "United States v. Gordon" on Justia Law

In this case, Miguel Angel Ortega, who pleaded guilty to possession of child pornography, appealed the application of a two-level sentencing enhancement for obstruction of justice. The enhancement was based on a conversation he had with his wife regarding a letter of support she was writing for his sentencing proceeding. The United States Court of Appeals for the Fifth Circuit vacated Ortega's sentence and remanded for resentencing.The court reasoned that Ortega's conduct, i.e., advising his wife about what to say in her letter to the court and in her statement at the sentencing hearing, did not constitute obstruction of justice. The government had argued that Ortega was unlawfully influencing a witness's testimony and directing his wife to attribute his conduct to drug addiction, which she lacked personal knowledge of. However, the court found no evidence that Ortega urged his wife to provide false or misleading information. It also noted that the facts Ortega instructed his wife to include in her statement were all supported by the factual record.The court clarified that the obstruction-of-justice enhancement applies if: (1) the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction, and (2) the obstructive conduct related to (A) the defendant’s offense of conviction and any relevant conduct; or (B) a closely related offense.In this case, the court concluded, the government failed to show that Ortega's conduct met these requirements. Therefore, the court vacated Ortega's sentence and remanded the case for resentencing without the obstruction-of-justice enhancement. View "USA v. Ortega" on Justia Law

The United States Court of Appeals for the Fifth Circuit affirmed the district court’s decision to order Marty Johnson, the owner of a mental health rehabilitation clinic, and Keesha Dinkins, an employee of the clinic, to pay $3.5 million in restitution. Johnson and Dinkins had pleaded guilty to charges related to a fraudulent billing scheme targeting Medicaid that lasted from 2014 to 2018. On the day before their jury trial was set to begin, both defendants pled guilty to their respective charges and agreed in their plea deals to recommend $3.5 million in restitution. However, after their pleas were accepted, both defendants objected to the restitution order, arguing that it was erroneous. Johnson challenged the loss and restitution calculation while Dinkins argued that the entire loss should not have been attributed to her. The court held that the defendants were bound by the plea agreements they had made and affirmed the district court’s order for each defendant to pay $3.5 million in restitution. The court found that there was sufficient evidence to support the pleas, the restitution amount did not exceed the actual loss, and the district court appropriately used the total loss amount when calculating Dinkins’s sentence. View "USA v. Dinkins" on Justia Law

In the United States Court of Appeals for the Fifth Circuit, the case involved Marty Johnson, the owner of a mental health rehabilitation clinic, and Keesha Dinkins, an employee of the same clinic. Both defendants fraudulently billed Medicaid for illegitimate services between 2014 and January 2018. On the day their jury trial was scheduled to begin, Johnson pled guilty to conspiracy to commit healthcare and wire fraud, and Dinkins pled guilty to misprision of a felony. Each of their plea agreements stipulated a loss of $3.5 million and recommended that the judge order $3.5 million in restitution to the government. The district court accepted the defendants' recommendations and ordered each to pay $3.5 million in restitution. After receiving the benefit of their plea bargain, both defendants argued that the $3.5 million order was erroneous. Dinkins also contended that under the sentencing guidelines, the entire loss should not have been attributed to her. The court held the defendants to the plea bargain they had made and affirmed the district court's decision. The Court of Appeals determined that the district court's restitution order was valid under the Mandatory Victims Restitution Act (MVRA). View "USA v. Johnson" on Justia Law

In this case, the United States Court of Appeals for the Fifth Circuit addressed an appeal by Evaristo Contreras Silva, a Mexican citizen who was convicted of possession of a firearm by an illegal alien under 18 U.S.C. § 922(g)(5). Silva entered the United States unlawfully and was detained by the Department of Homeland Security (DHS) in 2018. He was informed of his illegal status and given an I-94 form. Silva argued that he believed he was lawfully in the U.S. based on the I-94 form and his interactions with immigration officials. In February 2022, Silva was found in possession of a firearm after a domestic violence call from his wife. He was subsequently charged and convicted for firearm possession as an illegal alien.On appeal, Silva argued that the Government did not prove beyond a reasonable doubt that he knew he was unlawfully in the U.S. when he possessed the firearm. He based his belief on the I-94 form, advice from his immigration attorneys, adherence to his bond conditions, and various applications to change his status after his arrest.However, the court affirmed the conviction, holding that the Government provided sufficient evidence that Silva knew he was in the U.S. unlawfully when he possessed a firearm according to the standard set in Rehaif v. United States. The court considered Silva's unlawful entry, his detention by DHS, his admission of unlawful entry in an application for status adjustment, and the pending status of his immigration applications at the time he possessed the firearm. The court concluded that although there was evidence supporting Silva's belief of lawful presence, it did not justify a judgment of acquittal as the evidence was not definitive and the issue was appropriately presented to the jury. View "United States v. Silva" on Justia Law