Justia Criminal Law Opinion Summaries

Articles Posted in US Court of Appeals for the Seventh Circuit
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The case before the United States Court of Appeals For the Seventh Circuit involves an appeal by Shamone White, who had been convicted by a jury of possessing marijuana with intent to distribute, possessing a firearm in furtherance of a drug trafficking crime, and possessing a firearm as a felon. White appealed his firearm convictions, arguing that the prosecution presented inadequate evidence to establish possession. He also argued that the district court incorrectly instructed the jury, allowing them to find him guilty based solely on his admission that he touched the gun a week before his arrest.White was arrested after a vehicle he was a passenger in was pulled over. Inside the vehicle, the police found two bags, one of which White admitted to owning. This bag contained cash and cannabis, while the other bag, which White denied ownership of, contained a firearm, ammunition, scales with cannabis residue, and other items.The court found that the evidence was sufficient for each conviction and that the jury instruction was not misleading. The court highlighted that possession could be either actual or constructive. The court determined that a reasonable jury could infer that White constructively possessed the firearm due to its proximity, the presence of scales with drug residue in the same bag, and the fact that the contents of the two bags collectively formed a complete set of drug trafficking tools. The court also found that White's admission to having previously touched the gun did not mislead the jury. The judgement of the district court was thus affirmed. View "USA v. White" on Justia Law

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In a case heard by the United States Court of Appeals for the Seventh Circuit, the defendant, Deny Mitrovich, was indicted for possession of child pornography following a multinational investigation that used a software program to unmask his computer. Mitrovich requested detailed technical information about the software program, which was used by Australian and New Zealand authorities, to aid his defense. However, the United States government did not have this information and was unsuccessful in obtaining it despite repeated efforts. Mitrovich argued that the government was obligated to provide this information under Rule 16(a)(1)(E) of the Federal Rules of Criminal Procedure and the Due Process Clause of the Fifth Amendment.The court disagreed with Mitrovich, stating that Rule 16 does not require the production of documents held exclusively by foreign authorities. Furthermore, Mitrovich was unable to demonstrate that the government's inability to provide the requested information resulted in prejudice, a necessary condition to establish a Brady violation. Therefore, the court affirmed the district court's decision not to impose sanctions on the government for failure to disclose the requested information.The court also clarified that while the doctrine of constructive possession could extend to co-participants in a joint international investigation under the Due Process Clause, this would not apply if the U.S. lacks the capacity to access or obtain the information through reasonable means. The court also emphasized that mere speculation about the content of the missing information is not sufficient to establish prejudice under Brady. View "United States v. Mitrovich" on Justia Law

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In the case before the United States Court of Appeals For the Seventh Circuit, defendant Anthony Bender, Jr. was convicted for unlawful possession of a firearm, carrying a 96-month prison sentence. The conviction stemmed from an incident where, upon fleeing a traffic stop, an officer saw Bender pull a handgun from his sweatpants and toss it. The incident was captured on a dashboard camera, but it didn't show the gun. Bender challenged the government's conduct during his trial, the credibility of the jury's determinations, and the judge's sentencing decision.On appeal, Bender raised three challenges: he claimed the government violated due process by failing to disclose certain video evidence, the video the government did disclose contradicted the arresting officer's testimony, and that his sentence was unreasonable. The court found no errors and affirmed Bender's conviction and sentence.The court determined that the government did not violate due process by failing to disclose the camera footage from another squad car, as it did not exist and couldn't have shown the gun on the ground. The court also found that the evidence of possession, while only based on an officer's testimony, was not "impossible under the laws of nature," and thus, the jury did not err by finding it credible. Lastly, Bender's sentence, which was below the recommended guidelines range, was deemed not unreasonably high. View "United States v. Bender" on Justia Law

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In this case, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the United States District Court for the Southern District of Illinois that a tin can filled with energetic powder, sealed with adhesive, and outfitted with a fuse qualifies as a "destructive device" under the National Firearms Act.The case involved Jeffrey E. Creek, who was found in possession of such a device, firearms, magazines, ammunition, and a silencer that had been shipped from China. Creek was subsequently charged with unlawfully possessing a firearm as a felon. At his sentencing hearing, the district court applied a two-level "destructive device" enhancement in calculating his Guidelines range.Creek appealed the decision, arguing that his device was a firework and not a destructive device. However, the appellate court found that the district court correctly classified the device as a bomb under the National Firearms Act due to it having a metal casing, an adhesive seal, explosive powder, and a fuse. It was irrelevant that Creek intended to use the device as a firework, as the device was fully assembled and fit the definition of a destructive device.Creek also challenged the district court's consideration of his criminal history and substance abuse disorder in his sentencing. However, the appellate court dismissed these arguments, stating that the district court correctly exercised its discretion in considering Creek's full criminal history and the risk to public safety. As a result, the district court's judgment was affirmed. View "USA v. Creek" on Justia Law

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The Seventh Circuit Court of Appeals affirmed a 240-month prison sentence given to Herbert Holder, a repeat offender convicted on three counts of distributing methamphetamine and being a felon in possession of a firearm. Holder appealed the sentence claiming both procedural and substantive error. He argued the district court failed to consider one of his arguments for leniency, specifically, a recent assault he had suffered in jail, and that it did not adequately weigh his mitigation arguments.The Court of Appeals rejected these arguments. It found that the district court had adequately addressed Holder's assault in jail. The court engaged in a back-and-forth exchange with Holder about the assault and acknowledged it as one of his mitigation arguments when explaining its sentencing decision. The Court of Appeals also noted that the district court had balanced the seriousness of Holder's offenses and his criminal history against his mitigating factors, including his drug addiction, the loss of his mother, the time elapsed since his prior convictions, and his recent assault in jail.The court concluded that Holder had not provided compelling evidence to overcome the "nearly irrebuttable presumption" that his below-guidelines sentence was reasonable. The Court of Appeals thus upheld the lower court's decision, affirming Holder's sentence. View "United States v. Holder" on Justia Law

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The case involves Keenan Seymour, a member of the street gang, Latin Dragon Nation, who pled guilty to a Racketeer Influenced and Corrupt Organizations Act (RICO) conspiracy charge. Seymour was sentenced to 180 months' imprisonment, which was below the Sentencing Guidelines' recommendation. He appealed for re-sentencing on three grounds: (1) questioning certain factual findings, (2) challenging his accountability for a murder, and (3) pointing out the court's failure to discuss unwarranted sentencing disparities.The United States Court of Appeals for the Seventh Circuit affirmed the district court's decision. The court emphasized that Seymour was an active participant in the gang and knew about the gang's rules. It found Seymour's arguments against the court's factual findings unpersuasive, stating that the record offered ample support for the findings. The court also rejected Seymour's argument that the district court erred in calculating his offense level by attributing a murder to him, explaining that the murder was foreseeable given Seymour’s gang activities. Lastly, it dismissed Seymour's argument about unwarranted sentencing disparities, stating that the district court had adequately addressed this concern during sentencing.The court held that Seymour's 180-month sentence, which was below the Guidelines, was substantively reasonable and thus affirmed the judgment of the district court. View "USA v. Seymour" on Justia Law

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Police officers executing a warrant at Jamic Johnson's home discovered firearms and baggies of substances that turned out to be methamphetamine, leading to Johnson's conviction for federal firearms and methamphetamine-related drug-trafficking offenses. To determine the sentencing guideline range for the drug-trafficking offense, the district court calculated the amount of methamphetamine Johnson was responsible for dealing. However, the court did not differentiate between pure methamphetamine and a mixture containing methamphetamine, as required by the Sentencing Guidelines. This error would have resulted in a lower guideline range for Johnson. The United States Court of Appeals for the Seventh Circuit vacated the judgment and remanded the case for resentencing so that the district court could accurately determine the quantity of methamphetamine attributable to Johnson. The appeal court found that the district court's error in not distinguishing between pure methamphetamine and a mixture containing methamphetamine affected Johnson's substantial rights and the fairness or integrity of the judicial proceeding. View "USA v. Johnson" on Justia Law

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In the case before the United States Court of Appeals for the Seventh Circuit, the petitioner, Monta Anderson, sought to vacate his guilty plea for conspiring to distribute heroin, claiming that his plea was not knowing and voluntary due to his counsel's alleged ineffective assistance. Anderson argued that his counsel advised him to plead guilty without first consulting a toxicology expert on whether the heroin he distributed was a but-for cause of a user's death. Previously, the court had remanded the case for an evidentiary hearing, concluding that Anderson had articulated a viable claim of attorney ineffectiveness.On remand, Anderson presented evidence that consultation with a toxicology expert would have revealed the government's inability to prove beyond a reasonable doubt that the heroin he supplied was a but-for cause of the user's death. However, the government argued that even without the death-results enhancement, Anderson would have faced a mandatory life term due to his prior felony drug convictions and the fact that two individuals suffered serious bodily injuries from overdosing on heroin supplied by Anderson.Having considered the evidence and arguments, the court concluded that Anderson was not prejudiced by any alleged ineffectiveness of his counsel. Even if the death-results enhancement were discounted, Anderson still faced a mandatory life term due to his prior felony drug conviction and the serious bodily injuries caused by his heroin distribution. As such, his decision to plead guilty and accept a 20-year sentence was reasonable. Therefore, the court affirmed the district court's judgment denying Anderson's motion to vacate his guilty plea. View "Anderson v. United States" on Justia Law

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In this case, the United States Court of Appeals for the Seventh Circuit considered an appeal by Linnel Blount, Jr., who was convicted on drug and gun charges in 2019 and sentenced to 63 months in prison. Blount's jury trial was initially set for February 2020 but was postponed to March 2020 at his request. However, due to the COVID-19 pandemic, a series of court orders suspended criminal jury trials from March 2020 through April 2021. The district judge deferred Blount's trial further during this period, citing health and safety considerations. Blount eventually waived his jury trial and agreed to a bench trial, which commenced in July 2021.On appeal, Blount argued that his indictment should have been dismissed under the Speedy Trial Act because the delay of his trial was based on the general pandemic-related court orders rather than individualized, case-specific circumstances. However, the court of appeals found that Blount's lawyer did not make a formal motion to dismiss the indictment, which is necessary under the Speedy Trial Act. Moreover, the court determined that the district judge was not required to interpret Blount's pro se filings as implicit motions to dismiss.More broadly, the court held that the Speedy Trial Act does not require judges to reiterate considerations that have already been established by the court as an institution. It concluded that the delay of criminal jury trials during the COVID-19 pandemic was justified by societal, not personal, considerations, and that such delays were permissible under the Speedy Trial Act. The court affirmed Blount's conviction and sentence. View "United States v. Blount" on Justia Law

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The case concerns an appeal by Brandon Cade against a ruling by the United States District Court for the Northern District of Illinois, Eastern Division, before the United States Court of Appeals For the Seventh Circuit. Cade was arrested by Chicago police officers who noticed an open bottle of alcohol in a sedan next to which Cade and another individual were standing. During a search of the car, officers found an unlicensed firearm and Cade admitted it was his. He was charged with possession of a firearm by a felon. Cade argued to suppress evidence of the gun and his incriminating statements, but the district court denied his motion. Cade pleaded guilty but reserved his right to appeal the suppression ruling. He argued that his initial encounter with the officers was an unlawful seizure and that his incriminating statements should be suppressed because the officers did not have reasonable suspicion to seize him.The Court of Appeals affirmed the lower court's ruling. The court found that the initial encounter with the officers was consensual and did not constitute a seizure. The court also ruled that even if there was an unlawful seizure, Cade's incriminating statements were sufficiently attenuated from any allegedly unlawful conduct. The presence of the open alcohol bottle provided probable cause for the search, which led to the discovery of the firearm, and Cade's admission to owning the firearm occurred after he was read his Miranda rights. The court concluded that there was no evidence of bad faith by the officers, and that an evidentiary hearing was not needed as there were no material factual disputes. View "United States v. Cade" on Justia Law