Justia Criminal Law Opinion Summaries

Police responded to a call that a homeless person was sleeping in a car behind a store and found Reedy wearing a bulletproof vest in the front passenger seat of a Kia. They saw an open knife, crowbar, and walkie-talkie on the car’s floorboard. Reedy said that his friend, Jason, was visiting someone nearby. Telling Reedy to stay put with one officer, another officer looked for Jason and found him in a backyard wearing dress clothes yet claiming to be doing lawn work. Searching Jason’s backpack, officers found methamphetamine, credit cards in others’ names, latex gloves, rocks, knives, bolt cutters, shotgun ammo, and a walkie-talkie tuned to the same channel as Reedy’s. A search of the Kia turned up a shotgun. Reedy faced a federal gun possession charge.The Seventh Circuit affirmed the denial of Reedy’s motion to suppress. Officers had ample authority to direct Reedy to step out of his car and to subject him to further questioning and investigation consistent with Terry; there was no unreasonable delay in the execution of the Terry stop. This same sequence of events supplied the probable cause necessary to arrest Reedy. Once the police returned Jason to the car, the initial Terry stop of Reedy effectively turned into an arrest supported by probable cause for, at minimum, possession of burglarious tools. View "United States v. Reedy" on Justia Law

Joiner is a 31‐year‐old prisoner serving an eight-year sentence at U.S. Penitentiary Marion for a drug crime. In July 2020, amid the COVID‐19 pandemic, Joiner sought compassionate release under 18 U.S.C. 3582(c)(1)(A), citing “extraordinary and compelling reasons,” self‐reported hypertension, a body mass index (BMI) of 28.9 (the “over‐weight” category), and his skin color. He argued that Black Americans have disproportionately suffered from COVID‐19 because “society has put them in worse positions.” He cited a CDC article to argue that Black people in the U.S. face a higher risk of hospitalization and death from COVID‐19, and other articles to contend that, even though skin color should not affect health outcomes from infectious diseases, “our society” delivers subpar health care to “people with black skin,” even when controlling for class, comorbidities, and access to health insurance. The government contended that Joiner’s medical records did not contain evidence of hypertension and that his BMI did not place him at “high risk” for severe COVID‐19 complications.The district court ruled that Joiner did not present extraordinary and compelling reasons for release, without comment on Joiner’s racial disparity argument. The Seventh Circuit affirmed. The cited articles identify multiple societal factors that are not relevant to Joiner’s individual situation in federal prison. Without any factual basis tying those broader societal concerns to Joiner’s individual situation, the district court was not required to address the argument. View "United States v. Joiner" on Justia Law

In August 2018, Ford, Johnson, and Foster committed several Milwaukee armed robberies, in different combinations. On August 22, Johnson provided a handgun; Foster and Ford assaulted a taxi driver, then fled with Johnson, to split the proceeds. On August 23, officers located the getaway car near a Petro Mart where Johnson and Foster had committed an armed robbery that morning. The car contained driver’s licenses of three taxi driver victims; a pair of flip-flops consistent with those worn by Foster during the Petro Mart robbery; and identification cards and a prescription belonging to Johnson.On August 25, surveillance cameras recorded Johnson and Ford entering a B.P. station., Johnson approached the cashier, who stood behind ballistic-proof glass, pointed the handgun, and demanded cash. The cashier refused. Ford had exited the store. The cashier activated the door lock. Ford, unable to re-enter, fled. Johnson eventually escaped by another exit. Johnson was arrested after a high-speed chase. Officers recovered a loaded handgun from her pocket, with distinctive characteristics matching those of the handgun seen in surveillance camera recordings featuring the three. Ford pleaded guilty to two counts of Hobbs Act robbery, 18 U.S.C. 1951(a) and one count of brandishing a firearm to further a crime of violence, section 924(c)(1)(A)(ii) for the attempted armed robbery of the B.P.The court sentenced Ford to 114 months' imprisonment: 30 months (a 35 percent downward departure from the guideline range) for the Hobbs Act counts, and a mandatory minimum consecutive sentence of 84 months for brandishing a firearm to further a crime of violence. The Seventh Circuit affirmed. The district court did not err by inferring that Ford was accountable for Johnson’s use of the firearm and imposing a six-level enhancement under U.S.S.G. 2B3.1(b)(2)(B). View "United States v. Ford" on Justia Law

Anderson furnished heroin to Sublett every month; Sublett cut the heroin with sleeping-aid medication and used retail-level sellers, including Ray, and paid Anderson after selling the heroin. Occasionally Sublett also stored large quantities of heroin for Anderson. Anderson provided Sublett with “Kansas City” heroin, which Ray sold to his regular customer, Buchanan. Buchanan overdosed. Paramedics revived Buchanan and took him to the hospital. After his release, Buchanan told Ray that he had overdosed on the "Kansas City."Anderson, Sublett, Ray, and others were charged under 21 U.S.C. 846. Count Two charged Anderson with aiding and abetting the distribution of heroin to Buchanan that resulted in his overdose (section 841(a)(1)). Anderson’s codefendants pleaded guilty. Anderson was convicted on both charges. For the serious-bodily-injury enhancement, the jury responded yes to: “With respect to Count One, Count Two, or both … the government has proven beyond a reasonable doubt Ian Buchanan suffered serious bodily injury and that the serious bodily injury … resulted from the use of heroin distributed by” Anderson. The court calculated a guidelines range of 360 months to life, considering the serious-bodily-injury finding and a two-level “leadership” enhancement, but ultimately imposed a below-guidelines sentence of 300 months.The Seventh Circuit vacated the distribution conviction, which was based on an aiding-and-abetting theory of liability that was unsupported by the evidence. To establish under an aiding-and-abetting theory, the government had to prove that Anderson “affirmative[ly] act[ed] in furtherance of” Ray’s sale to Buchanan and intended to facilitate the commission of that sale. It is impossible to tell from the jury’s verdict whether the serious-bodily-injury enhancement applied only to the flawed distribution conviction, only to the unchallenged conspiracy conviction, or to both. View "United States v. Anderson" on Justia Law

Illinois inmate Mejia sued correctional officials under 42 U.S.C. 1983, challenging his filthy cell conditions and constant hallway lighting that prevented him from sleeping. His primary claim survived dismissal and summary judgment and proceeded to trial. The jury returned a defense verdict. Mejia had asked the district court, six times, to appoint counsel. Each time the court denied the request, reasoning that Mejia had demonstrated through his many filings that he understood his burden of proof and was capable of assembling evidence and marshaling arguments to support his contention that the Pontiac Correctional Center's conditions of confinement violated the Eighth Amendment.The Seventh Circuit affirmed. The district court correctly observed that Mejia had an extensive litigation history, including at least one prior case going to trial, albeit with counsel. Mejia had difficulty with the discovery process, but it was within the judge’s discretion to overlook his slips and help him rather than try to recruit counsel. The court observed, during the pretrial conference, Mejia’s ability to comprehend and address the facts and issues pertinent to his Eighth Amendment claim. There was no abuse of discretion; the fact that some trial witnesses testified by videoconference does not change the analysis. View "Mejia v. Pfister" on Justia Law

Guzman-Cordoba and Alvarado-Santiago participated in an extensive drug trafficking organization operating from Indianapolis and Chicago. Guzman-Cordoba was a drug courier, drug seller, and stash house guard; Alvarado-Santiago laundered the drug proceeds by wiring large sums from the Indianapolis grocery store that he managed to California and Mexico. Nine defendants were indicted. Guzman-Cordoba presented a duress defense, arguing that she had been forced to join the organization through violence and threats of violence to herself and her family. Alvarado-Santiago argued that he did not know that the money he had sent to California and Mexico was drug money. A jury convicted Guzman-Cordoba of conspiracy to distribute and possession with intent to distribute controlled substances and distribution of methamphetamine and convicted Alvarado-Santiago of conspiracy to launder money.The Seventh Circuit affirmed, rejecting arguments that the district court erred in limiting the evidence Guzman-Cordoba attempted to introduce regarding her duress defense, erred in instructing the jury on that defense, and erred in ordering her to forfeit $10,000 in cash that was found at a stash house. The court rejected Alvarado-Santiago’s argument that the district court erred in only admitting a portion of his post-arrest statement, in admitting a statement by Guzman-Cordoba without limiting the jury’s ability to consider that evidence against him, and in giving the jury an instruction on deliberate avoidance of knowledge, the “ostrich instruction.” View "United States v. Alvarado-Santiago" on Justia Law

Ashland, Wisconsin police found Strobel passed out in his car beside of the road. A search of Strobel’s vehicle uncovered methamphetamine and resulted in state drug charges. Months later, Ashland police again found Strobel passed out in his car in a parking lot. A search of his car uncovered a firearm, marijuana, and paraphernalia. At the time, Strobel was out on bail. Strobel pleaded guilty to unlawful possession of a firearm, 18 U.S.C. 922(g)(1),. At his sentencing hearing, he raised no objections to the conditions of supervised release proposed in the PSR and waived a full reading of those conditions. The court nevertheless discussed some aspects of the conditions, then imposed explicitly the term of supervised release but neglected to impose explicitly the conditions of supervised release. Later, the court issued its written judgment, which included all the conditions of supervised release recommended by the PSR.Strobel argued that the court’s failure to impose explicitly the conditions of supervised release during the sentencing hearing renders the written judgment inconsistent with the court’s oral pronouncement, requiring the vacation of his sentence and remand for a complete resentencing. The Seventh Circuit affirmed his below-guidelines sentence of one year and one day, to run consecutively with Strobel’s state sentence, finding no impermissible inconsistency between the court’s oral pronouncement and its written judgment. View "United States v. Strobel" on Justia Law

Hall filed a 28 U.S.C. 2241 petition in the Southern District of Indiana while incarcerated at a facility operated by the federal Bureau of Prisons in that district. Hall was later transferred to a federal prison in the Middle District of Florida. The Indiana district court concluded that it had lost jurisdiction over the petition, and transferred Hall’s case to Florida.The Seventh Circuit granted Hall a writ of mandamus, directing the Indiana court to rescind the transfer and return the case to Indiana. When the government moves a habeas petitioner after she properly files a petition naming her immediate custodian, the district court retains jurisdiction and may direct the writ to any respondent within its jurisdiction who has the legal authority to effectuate the prisoner’s release. Hall filed in the correct court and named his immediate custodian; there is a respondent within the jurisdiction of the original court that has the authority to comply with any order that may issue. The Bureau of Prisons has been and remains Hall’s ultimate custodian; the Bureau can take any necessary action. Mandamus is the proper vehicle for review of a transfer decision, including transfers of a habeas corpus proceeding. Hall did not need to show prejudice before pursuing his venue challenge. View "Hall v. Hanlon" on Justia Law

In 2016, Nebinger pleaded guilty as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The Probation Office determined that he qualified as an armed career criminal, based on prior convictions for Illinois residential burglary, drug possession with intent to deliver, and aggravated battery, 18 U.S.C. 924(e)(1), which changed his sentencing exposure from a 10-year maximum sentence to a 15-year minimum sentence. The court held that his burglary conviction was an improper ACCA predicate and imposed a 10-year sentence. On remand, in light of a Seventh Circuit holding that the Illinois residential burglary statute corresponds to ACCA generic burglary, the court increased his sentence to 15 years.The Seventh Circuit remanded. While this litigation was pending, the Illinois Supreme Court ruled that Illinois residential burglary is not an ACCA predicate. The Supreme Court’s 2019 "Rehaif" holding that the government must prove that the defendant knew that he fell within one of the categories of people who are not entitled to possess guns does not invalidate Nebinger's guilty plea. The knowledge element requires only that the defendant knew, at the time he possessed the firearm, that he was a felon; he did not also need to know that his status prohibited him from possessing a firearm. Neither Neblinger's indictment nor the government’s proffered factual basis for the conviction mentioned Nebinger’s knowledge of his status but Nebinger cannot establish prejudice. He admitted to six prior felony convictions at his plea colloquy. View "United States v. Nebinger" on Justia Law

Williams has been seeking release since he began serving his 2013 18‐year sentence for robbery and brandishing a firearm, contending that his guilty plea was involuntary. In 2020, Williams asked the warden to move for his compassionate release, arguing that the judge’s role in his plea negotiations was an “extraordinary and compelling” reason for relief, 18 U.S.C. 3582(c)(1)(A)(i). The warden never responded. Weeks later, Williams moved the district court for compassionate release on the same ground. Court-appointed counsel filed an amended motion, advancing a different ground: the COVID‐19 pandemic and Williams’s risk of exposure stemming from his role as a prison chapel usher. The government opposed the motion on the merits and argued that Williams had not met the statute’s exhaustion requirement. The district court denied the motion on the merits, noting that Williams admitted that he did not suffer from any significant medical conditions that might increase his COVID-19 risk.The Seventh Circuit affirmed, also concluding that Williams failed to exhaust his Bureau of Prisons remedies. Exhaustion is a mandatory, claim‐processing rule and must be enforced when properly invoked. An inmate is required to present the same or similar ground for compassionate release in a request to the Bureau as in a motion to the court; any contrary approach would undermine the purpose of exhaustion—to provide the Bureau with information necessary to move for release on a defendant’s behalf. View "United States v. Williams" on Justia Law