Justia Criminal Law Opinion Summaries

On March 17, 2022, Anycco Rivers and Ladonta Tucker carjacked a BMW in Bourbonnais, Illinois. Rivers pointed two guns at the car’s owner, while Tucker searched the owner and then drove the car away. During a high-speed chase, Rivers fired a gun into the air. The chase ended when the BMW crashed into a guardrail. Tucker and Rivers fled on foot but were eventually captured. Police found firearms and spent cartridges at the scene.The United States District Court for the Central District of Illinois indicted both Rivers and Tucker on charges of carjacking and firearms violations. At trial, both were found guilty. Tucker was sentenced to 100 months for carjacking and an additional 60 months for the firearms charge, plus 24 months for violating supervised release, totaling 184 months. Rivers received 87 months for carjacking and 120 months for the firearms charge. Rivers objected to a two-level enhancement for reckless endangerment during flight, which the district court applied.The United States Court of Appeals for the Seventh Circuit reviewed the case. Tucker challenged his conviction, arguing insufficient evidence that his firearm facilitated the carjacking. The court upheld his conviction, stating that the jury could reasonably conclude that carrying a firearm during a carjacking had the potential to facilitate the crime. Rivers challenged his sentence enhancement and requested resentencing due to recent amendments to the Sentencing Guidelines. The court affirmed the enhancement but vacated and remanded Rivers’s carjacking sentence for reconsideration in light of the new Guidelines amendments. View "USA v. Tucker" on Justia Law

A former immigration attorney was convicted of conspiring with clients, interpreters, and employees to defraud the U.S. by submitting fabricated asylum applications. The attorney would create false stories for clients, often including fabricated details of persecution, and submit these to the United States Citizenship and Immigration Services (USCIS). Interpreters assisted by coaching clients to memorize false information and providing fraudulent translations during asylum interviews. Nine former clients testified against the attorney, and the jury found him guilty of conspiracy to defraud the U.S.The attorney's conviction was affirmed on direct appeal. He then moved to vacate his sentence under 28 U.S.C. § 2255, claiming undisclosed benefits were provided to witnesses. The district court authorized broad discovery, held a weeklong hearing, and denied the motion. The court found that undisclosed pre-trial benefits were immaterial and that post-trial benefits did not violate the attorney's rights as they were not promised to witnesses and would not have affected the trial's outcome.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court affirmed the district court's decision, holding that the undisclosed pre-trial benefits were immaterial and that the post-trial assistance provided to witnesses did not constitute a Brady violation. The court found no evidence of pre-trial promises regarding immigration status and concluded that the undisclosed availability of an "insider" for post-trial assistance was not material to the trial's outcome. The attorney's § 2255 motion was denied. View "Dekelaita v. USA" on Justia Law

A sixteen-year-old, Donnell Wilson, was convicted of two murders, armed robbery, and criminal gang activity in Gary, Indiana. Wilson and his accomplice, Jonte Crawford, harassed and robbed a teenager before encountering and fatally shooting two brothers affiliated with a rival gang. Wilson was sentenced to 183 years in prison, which was later reduced to 181 years on appeal due to a vacated gang activity conviction.Wilson sought post-conviction relief, arguing ineffective assistance of counsel and that his sentence violated the Eighth Amendment under Miller v. Alabama, which prohibits mandatory life without parole for juveniles. The Indiana Supreme Court found his trial counsel effective but agreed his appellate counsel was ineffective for not challenging the sentence under Indiana Appellate Rule 7(B). The court then reduced Wilson’s sentence to 100 years, considering his youth as a mitigating factor.Wilson filed a federal habeas corpus petition, arguing his 100-year sentence was a de facto life sentence violating the Eighth Amendment. The United States District Court for the Northern District of Indiana found the petition timely but denied relief, stating no clearly established law extended Miller to de facto life sentences. The United States Court of Appeals for the Seventh Circuit affirmed, agreeing the petition was timely but holding that the Indiana Supreme Court’s decision was not contrary to or an unreasonable application of clearly established federal law. The Seventh Circuit concluded that Miller’s protections did not extend to Wilson’s 100-year sentence, thus affirming the denial of his habeas petition. View "Wilson v. Neal" on Justia Law

Scott Carlberg was convicted by a jury of four counts of wire fraud for fraudulently obtaining disability benefits from the United States Railroad Retirement Board (RRB). Carlberg, who had suffered a traumatic brain injury while working at Soo Line Railroad, applied for occupational disability benefits in 2013 and later for enhanced benefits in 2015. The RRB requires applicants to disclose any non-railroad work and earnings, which Carlberg failed to do accurately. Despite purchasing and operating a tanning salon, Carlberg misrepresented his work activities to the RRB, leading to his prosecution.The United States District Court for the Northern District of Illinois denied Carlberg’s motion to set aside the jury’s verdict, which argued that the evidence did not show he intentionally participated in a scheme to defraud or made material misrepresentations. The court found sufficient evidence that Carlberg had concealed his ownership and involvement in the salon, and that his misrepresentations were material to the RRB’s decision to grant him benefits. Carlberg was sentenced to 30 months’ imprisonment and ordered to pay $279,655.22 in restitution, representing the full value of the benefits he received.The United States Court of Appeals for the Seventh Circuit reviewed Carlberg’s appeal, which challenged both the denial of his motion for acquittal and the restitution award. The court found that the evidence at trial was sufficient to support the jury’s verdict, as it showed Carlberg engaged in significant physical and mental duties at the salon, which would have disqualified him from receiving benefits. The court also upheld the restitution award, agreeing that the government had proven the full amount of benefits Carlberg received was ill-gotten. The Seventh Circuit affirmed the district court’s decisions. View "United States v. Carlberg" on Justia Law

Dijon Foston pleaded guilty to four charges: conspiracy to engage in racketeering, possession of marijuana with intent to distribute, possession of a firearm as a felon, and possession of a firearm in connection with a drug offense. The prosecutor dismissed two other charges. Foston was sentenced to a total of 203 months in prison, followed by three years of supervised release. The sentence was favorable compared to the Sentencing Guidelines range of 262 months.The United States District Court for the Northern District of Illinois accepted Foston's guilty plea. Foston did not move to withdraw his plea in the district court, so his appeal depended on showing that accepting the plea was plain error. He argued that the district judge did not properly inform him of the nature of the racketeering charge during the plea colloquy, as required by Fed. R. Crim. P. 11.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court found that Foston was aware of the elements of the racketeering charge before pleading guilty, as the prosecutor described them in open court and Foston submitted a written declaration of his activities. The court noted an internal disagreement within the Seventh Circuit regarding whether a RICO conspiracy requires an agreement to assist enterprise leaders, but concluded that any error by the district judge was not "plain" due to this conflict. Additionally, the court found no prejudice to Foston, as his sentence would not change even if he were acquitted of the RICO charge. The court affirmed the district court's decision. View "United States v. Foston" on Justia Law

Jonathan Smith pleaded guilty to distributing methamphetamine in federal court. At sentencing, the district court applied two recidivist enhancements based on his 2008 Illinois conviction for aggravated robbery, classifying it as a "crime of violence" and a "serious violent felony." Smith argued that his prior conviction should not qualify as a predicate offense for these enhancements because Illinois law did not require the intentional use of force for an aggravated robbery conviction.The United States District Court for the Central District of Illinois disagreed with Smith, relying on the Seventh Circuit's previous decision in United States v. Chagoya-Morales, which held that an Illinois aggravated robbery conviction involves the "use, attempted use, or threatened use of physical force against the person of another." The district court followed this precedent and sentenced Smith to 120 months in prison. Smith appealed the decision.The United States Court of Appeals for the Seventh Circuit reviewed the case de novo. The court examined whether the Illinois aggravated robbery statute, under which Smith was convicted, required the use of force directed at another person. The court found that Illinois law necessitated the use of force or the threat of force to deprive someone of property, aligning with the federal definitions of "serious violent felony" and "crime of violence." The court also considered Smith's arguments regarding the applicability of recklessness and the lack of a specific intent requirement but found them unpersuasive. Consequently, the Seventh Circuit held that Smith's 2008 conviction qualified as a predicate offense for the sentence enhancements and affirmed the district court's decision. View "USA v. Smith" on Justia Law

Alexander Kawleski was convicted of sexually assaulting his then-girlfriend's adolescent daughter and recording the act. He also recorded videos of the girl undressing and showering, which were stored on a flash drive. His new girlfriend, Tracy Brown, discovered the flash drive and turned it over to the police. Kawleski faced state charges and was federally indicted for producing and possessing child pornography. Key evidence included Brown's testimony and the videos found on the flash drive.The United States District Court for the Western District of Wisconsin oversaw the trial. The jury found Kawleski guilty on all counts. Kawleski moved for a new trial, citing newly discovered evidence from Brown's ex-boyfriend, who questioned her credibility and suggested she might have transferred the videos to the flash drive. The district judge denied the motion, stating the ex-boyfriend's statements were speculative and would only serve as impeachment evidence, which was unlikely to lead to an acquittal.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court affirmed the district judge's decision, agreeing that the new evidence was speculative and insufficient to warrant a new trial. The court also found that the forensic examination of the Apple computer, which found no evidence of child pornography, refuted the ex-boyfriend's theory. The court held that the district judge did not abuse his discretion in denying the motion for a new trial and in declining to hold an evidentiary hearing. The convictions and sentences were affirmed. View "U.S. v. Kawleski" on Justia Law

Brian Cook entered a bank in Roseville, Illinois, wearing a disguise and armed with what appeared to be a gun, later identified as an air pistol. He threatened two tellers, directing one to retrieve money from the vault and instructing the other to stay put. Cook fled with a bag of cash but was quickly apprehended by law enforcement, who found the stolen money and the air pistol in his vehicle. Cook pleaded guilty to bank robbery under 18 U.S.C. § 2113(a).The United States District Court for the Central District of Illinois sentenced Cook to 144 months of imprisonment and three years of supervised release. The court applied a four-level enhancement under § 2B3.1(b)(2)(D) of the United States Sentencing Guidelines, finding that Cook had "otherwise used" the gun during the robbery. Cook contested this, arguing that he had only "brandished" the gun, which would warrant a lesser, three-level enhancement under § 2B3.1(b)(2)(E). The district court also considered Cook's extensive criminal history and his deliberate targeting of a small-town bank in its sentencing decision.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's judgment. The appellate court found no procedural error in the application of the four-level enhancement, agreeing that Cook's actions constituted "otherwise using" the gun. The court also upheld the above-Guidelines sentence, noting that the district court had provided a thorough explanation for its decision, including Cook's extensive criminal history and the need for deterrence and public protection. The appellate court concluded that the sentence was neither procedurally erroneous nor substantively unreasonable. View "USA v. Cook" on Justia Law

Karl Nichols was convicted in a Wisconsin state court of first-degree sexual assault and sentenced to five years of probation. The conviction was based on allegations by a child, M.R.W., who claimed Nichols touched her inappropriately during a sleepover years earlier. M.R.W. participated in two forensic interviews, during which she made notes to correct her initial statements. These notes were lost by the prosecution, leading Nichols to argue that the prosecution failed to preserve exculpatory evidence and that his trial counsel was ineffective for not raising this issue before trial.Initially, Nichols won relief in the state trial court, which found that the prosecution acted in bad faith by not preserving the notes and that the notes contained exculpatory evidence. The court vacated Nichols' conviction and dismissed the case with prejudice. However, the Wisconsin Court of Appeals reversed this decision, concluding that Nichols failed to demonstrate the exculpatory value of the missing notes. Nichols' petition for review by the Wisconsin Supreme Court was denied.Nichols then filed a federal habeas corpus petition in the Western District of Wisconsin. The district court denied relief, citing the deferential standard of review under 28 U.S.C. § 2254(d) and procedural default on the ineffective assistance claim. The United States Court of Appeals for the Seventh Circuit affirmed the district court's decision. The Seventh Circuit held that the Wisconsin Court of Appeals reasonably concluded that the missing notes had no apparent exculpatory value and that the prosecution did not act in bad faith. The court also upheld the procedural default of Nichols' ineffective assistance of counsel claim. View "Nichols v. Wiersma" on Justia Law

Robert Smith pleaded guilty to conspiracy to distribute methamphetamine and money laundering conspiracy. Nearly eleven months later, on the eve of his sentencing, Smith's attorney filed a motion to withdraw at Smith's request, citing dissatisfaction with representation. The court denied the motion and refused to appoint substitute counsel. Smith was sentenced to 324 months in prison, below the guidelines range. He appealed the denial of his request for substitute counsel and the substantive reasonableness of his sentence.The United States District Court for the Southern District of Illinois initially scheduled Smith's sentencing for January 2023, but granted several continuances at Smith's request. The court eventually set the sentencing for July 12, 2023, and warned against further delays. On July 11, Smith's attorney filed a motion to withdraw, which the court denied after a hearing. The court found no breakdown in communication between Smith and his attorney, attributing the motion to a tactical delay. Smith's subsequent attempts to retain new counsel were unsuccessful, and his attorney represented him at sentencing.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court held that the district court did not abuse its discretion in denying the motion for substitute counsel, noting the motion's untimeliness and the adequacy of the court's inquiry into Smith's concerns. The court also found that the disagreements between Smith and his attorney were strategic and did not constitute a total breakdown in communication. Additionally, the court ruled that Smith's below-guidelines sentence was substantively reasonable, given the district court's thorough consideration of the relevant factors. The judgment of the district court was affirmed. View "United States v. Smith" on Justia Law