Justia Criminal Law Opinion Summaries

Personnel at a Virgin Islands airport smuggled cocaine onto flights bound for the U.S. mainland. Noel, a ground services supervisor at St. Thomas’s Airport, and three other employees were charged with conspiracy to possess with intent to distribute cocaine and related possession offenses. The jury convicted Noel on all charges. The court sentenced him to 151 months’ imprisonment. More than a year later, Noel moved for a new trial on the ground of newly discovered evidence of juror misconduct. The district court denied the motion without a hearing. The Third Circuit affirmed, rejecting Noel’s arguments that the district court’s limitation on the cross-examination of his codefendants violated his rights under the Confrontation Clause; that the district court abused its discretion in denying his new trial motion without an evidentiary hearing; and that the evidence was insufficient to support the verdict. Even assuming the limitation “significantly inhibited” Noel’s exercise of his right to probe the codefendants’ “motivation in testifying,” it is not clear that the barred line of inquiry might have given the jury a “significantly different impression of credibility.” Before his trial began, Noel was aware that the court had impaneled a security officer working on a contract basis for the U.S. Marshals Service; he produced no evidence that a specific, nonspeculative impropriety occurred to justify a new trial. View "United States v. Noel" on Justia Law

Guerrero-Sanchez attempted to unlawfully enter the U.S.in 1998. He was removed back to Mexico. Guerrero-Sanchez reentered the U.S. without inspection. In 2012, he was arrested for his role in an Idaho-based drug trafficking organization. Guerrero-Sanchez pled guilty and was sentenced to 42 months of imprisonment. ICE reinstated his 1998 order of removal, 8 U.S.C. 1231(a)(5). The Third Circuit denied his petition for review and motion for stay of the reinstated removal order. Guerrero-Sanchez completed his sentence and was transferred to ICE custody pending removal. An asylum officer concluded that Guerrero-Sanchez's claim that he would be tortured by a drug cartel if removed to Mexico was reasonable and referred the matter to an immigration judge. The IJ found that he was ineligible for withholding relief under section 1231(b)(3) because he committed a particularly serious crime and that he did not qualify for Convention Against Torture relief because he did not establish that the Mexican Government would consent to or be willfully blind to torture. While his case remained pending before the BIA, Guerrero-Sanchez sought habeas relief, challenging his detention while he awaits a determination on whether he will be afforded country-specific protection from removal. The district court granted the petition. The Third Circuit affirmed. The detention of an alien, who has a reinstated order of removal but is also pursuing withholding-only relief is governed by the post-removal law, 8 U.S.C. 1231(a) rather than section 1226(a), the pre-removal statute; section 1231(a)(6) compels an implicit bond hearing requirement after prolonged detention. View "Guerrero-Sanchez v. Warden York County Prison" on Justia Law

Plaintiffs founded ChinaWhys, which assists foreign companies doing business in China with American anti-bribery regulations compliance. Plaintiffs allege that the GSK Defendants engaged in bribery in China, with the approval of Reilly, the CEO of GSK China. In 2011, a whistleblower sent Chinese regulators correspondence accusing GSK of bribery. Defendants tried to uncover the whistleblower’s identity. Plaintiffs met with Reilly. According to Plaintiffs, GSK China representatives stated they believed Shi, a GSK China employee who had been fired, was orchestrating a “smear campaign.” ChinaWhys agreed to investigate Shi under an agreement to be governed by Chinese law, with all disputes subject to arbitration in China. Plaintiffs were arrested, convicted, imprisoned, and deported from China. Reilly was convicted of bribing physicians and was also imprisoned and deported. The Chinese government fined GSK $492 million for its bribery practices; GSK entered a settlement agreement with the U.S. SEC. Plaintiffs sued under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961–1968, contending that their business was “destroyed and their prospective business ventures eviscerated” as a result of Defendants’ misconduct. RICO creates a private right of action for a plaintiff injured in his business or property as a result of prohibited conduct; for racketeering activity committed abroad, section 1964(c)’s private right of action requires that the plaintiff “allege and prove a domestic injury to its business or property.” The Third Circuit held that Plaintiffs did not plead sufficient facts to establish that they suffered a domestic injury under section 1964(c). View "Humphrey v. GlaxoSmithKline PLC" on Justia Law

Rivera-Cruz pleaded guilty to distributing and possessing with intent to manufacture and distribute cocaine hydrochloride, 21 U.S.C. 841(a)(1). The drug quantities yielded a base offense level of 32. The Probation Office recommended a two-level firearm enhancement and a two-level obstruction of justice enhancement. Based on a total offense level of 36 and a criminal history category of VI, Rivera-Cruz’s Guidelines range was 324–405 months’ imprisonment but the offense carried a statutory maximum of 240 months’ imprisonment. The government moved for a "substantial assistance" downward departure and recommended a 215-month sentence. The court calculated the departure in terms of “offense levels as opposed to specific quantities of time,” settled on a five-level departure to an offense level of 31, and sentenced Rivera-Cruz to 188 months’ imprisonment. The Sentencing Commission later adopted Guidelines Amendment 782, retroactively reducing Rivera-Cruz’s base offense level by two, so that Rivera-Cruz’s Guidelines range would have been 262–327 months’ imprisonment, with the 240-month statutory maximum. Rivera-Cruz requested a sentence reduction, 18 U.S.C. 3582(c)(2), citing Amendment 782. The Third Circuit affirmed denial of his motion. In 2018, the Supreme Court held that such relief is unavailable to a defendant whose Guidelines range is “scrapped” because of a statutory mandatory minimum sentence; the Third Circuit held that the same is true where a statutory maximum displaces the defendant’s Guidelines range. View "United States v. Rivera-Cruz" on Justia Law

In December 2017, Reese was charged with using a facility and means of interstate or foreign commerce to attempt to induce, entice, or coerce a minor into engaging in sexual activity. The government sought pretrial detention arguing that there was probable cause to believe that Reese had committed the charged offense, which created a rebuttable presumption in favor of detention, 18 U.S.C. 3142(e)(3)(E). The motion was granted. In February 2018, Reese filed a pro se 28 U.S.C. 2241 petition. In March 2018, Reese, through counsel, moved for pretrial release in the separate criminal case, but before the same judge. That judge denied the motion, concluding that the evidence against Reese was “overwhelming,” that Reese had numerous prior criminal convictions, that Reese had previously violated conditions of bail, and that Reese lacked ties to the community. An appeal of that denial is pending. The court then dismissed the section 2241 petition. The Third Circuit held that a federal detainee cannot challenge his pretrial detention via a section 2241 habeas petition; such a request for release pending trial can only be considered under the Bail Reform Act, 18 U.S.C. 3141–3150, which provides a comprehensive scheme governing pretrial-release decisions. View "Reese v. Warden Philadelphia FDC" on Justia Law

Thomas was arrested on charges that she “knowingly attempted to provide material support . . . to a designated foreign terrorist organization,” 18 U.S.C. 2339B. Thomas unsuccessfully moved for a bill of particulars and to compel notice and discovery of surveillance. Thomas pled guilty. Access to several documents on the docket was restricted. Philly Declaration moved to intervene and obtain access to all records on the docket, transcripts of Thomas’s plea hearing and her ex parte presentation to the court regarding the motions, and search warrant materials. The prosecution agreed that certain records should be largely unsealed but maintained that the “Plea Document” that was docketed with the publicly-filed guilty plea memorandum should remain under seal for reasons detailed in a sealed addendum and objected to unsealing a “Grand Jury exhibit” attached to Thomas’s reply brief in support of her motion for a bill of particulars and to unredacting quotes and citations that appeared in the Reply Brief itself. The district court ruled in favor of the government. The Third Circuit affirmed as to the Plea Document, vacated with respect to the Reply Brief and Exhibit, and remanded. While a presumptive First Amendment right of access attaches to plea hearings and related documents, the district court properly concluded that the compelling government interests of national security would be substantially impaired by permitting full access to this plea document. The proposed redactions are properly first considered by the district court. View "United States v. Thomas" on Justia Law

Glass pleaded guilty to possession with intent to distribute cocaine hydrochloride, 21 U.S.C. 841(a)(1). The district court applied a career-offender enhancement, U.S.S.G. 4B1.1, based on two prior state convictions under 35 Pa. Cons. Stat. 780-113(a)(30) (from 2001 and 2004) then applied a downward variance, primarily on the observation that the pre-sentence investigation report overstated the seriousness of Glass’s criminal past. The court also noted Glass’s significant family responsibilities, his drug addiction, and his relatively young age and imposed a prison term of 132 months. The Third Circuit affirmed the imposition of the career-offender enhancement. Noting that Glass failed to challenge the inclusion of his convictions as predicate offenses for career-offender purposes prior to appeal and Glass’s first appellate counsel acknowledged that trial counsel had conceded the issue, the Third Circuit applied plain error review. The Pennsylvania law does not sweep more broadly than section 4B1.2; it is a “controlled substance offense” and may serve as a predicate offense to a career-offender enhancement under section 4B1.1. View "United States v. Glass" on Justia Law

Rinaldi, a Lewisburg inmate, alleged that he had been assaulted by Cellmate 1. His informal and subsequent formal "Assault Requests" were denied. The following day, Rinaldi was transferred. According to Rinaldi, Counselor Baysore had warned Rinaldi that unless he stopped filing requests, she would have him placed with a cellmate who was known for assaulting his cellmates. Officer Gee allegedly told Rinaldi he was being moved was because he “didn’t listen.” Cellmate 2, Rinaldi alleges, threatened to kill Rinaldi. Rinaldi claims he “suffered cuts and bruises and emotional distress” from altercations with Cellmate 2. Rinaldi allegedly was concerned about further retaliation and did not file an informal resolution with Lewisburg. He filed his “Retaliation Request” with the Regional Director, where it was rejected with directions to file it at Lewisburg. Separately, Rinaldi sought relief for the assault by Cellmate 2. The Regional Director responded: [T]here is no record of you being assaulted by your previous or current cellmate. . . your appeal is denied." Rinaldi’s further appeal to the General Counsel was denied on the merits. The Third Circuit vacated, in part, the dismissal of RInaldi’s claims. Rinaldi’s Assault Request was denied at the highest level on the merits and was properly exhausted under the Prison Litigation Reform Act, 42 U.S.C. 1997e(a). Rinaldi’s Retaliation Request satisfies the objective test for unavailability. Accepting his allegations as true, “a reasonable inmate of ordinary firmness and fortitude” would be “deter[red] . . . from lodging a grievance.” A Federal Tort Claims Act claim was properly dismissed as concerning discretionary functions. View "Rinaldi v. United States" on Justia Law

Workman, one of two people to shoot Hunt in 2006, was convicted of first-degree murder in Pennsylvania on a theory of transferred intent. His trial counsel, pursuing “a unique theory of criminal liability,” did not meaningfully test the Commonwealth’s case, having told Workman that he could not be convicted of murder because Hunt was already dead when he was struck by Workman’s bullet. Based on this representation, Workman declined a plea bargain for a 20-year term of imprisonment. Workman’s post-conviction counsel failed to make a claim for ineffective assistance of trial counsel based on failure to present a cogent defense. The Third Circuit reversed the dismissal of his habeas petition, 28 U.S.C. 2254. Although his claim of ineffective assistance of trial counsel was procedurally defaulted in state post-conviction relief proceedings, that default should be excused because his state post-conviction counsel rendered ineffective assistance. On the face of the record, trial counsel’s assistance was manifestly ineffective, having included calling no witnesses, presenting no evidence, and arguing inconsistently with the testimony in evidence. View "Workman v. Superintendent Albion SCI" on Justia Law

Homeland Security Agent Kuc posed as a Pennsylvania drug trafficker, communicating by phone with men called Cejas and Juan, who used telephone numbers with Mexican country codes. They sent two kilograms of methamphetamine to a Springfield, Pennsylvania mailbox. Kuc received the methamphetamine on May 29, 2015, and deposited $2,000 in an agreed-upon bank account the following day in Philadelphia. On June 3, Kuc traveled to Los Angeles and spoke to Cejas, who stated that he would direct his local contact to contact Kuc. Kuc received a phone call from Renteria. The two planned to exchange methamphetamine and heroin for $146,500, which included $28,000 owed for the Pennsylvania methamphetamine shipment. The next day, the men met at a Huntington Beach restaurant. Kuc saw the drugs and gave other agents a prearranged signal, Renteria was convicted of conspiracy to distribute 500 grams or more of methamphetamine and one kilogram or more of heroin, 21 U.S.C. 846, and was sentenced to 153 months’ imprisonment. The Third Circuit affirmed, rejecting arguments that the Eastern District of Pennsylvania was not a proper venue because it was not reasonably foreseeable that conduct in furtherance of the conspiracy would have occurred there; that the court gave incorrect jury instructions concerning venue; and that the court erred in its sentencing calculation. The court declined to adopt the “reasonable foreseeability” test; Renteria’s activities constituted overt acts in furtherance of the conspiracy, sufficient to establish venue under section 3237(a). View "United States v. Renteria" on Justia Law