Justia Criminal Law Opinion Summaries

The case centers on an incident in which Lisa Dawn Oliver was arrested following a violent confrontation involving her former partner, P.L., who had custody of their daughter. After Oliver and her friend attempted to take the child from P.L.’s apartment, an argument ensued. During the altercation, Oliver was alleged to have cut P.L.’s neck with a concealed weapon and was heard threatening to kill him. P.L. required medical treatment for the wound, but the injury did not meet the statutory definition of “great bodily harm.”Initially charged with attempted second-degree intentional murder, Oliver later faced additional charges of attempted first-degree assault-harm and second-degree assault with a dangerous weapon causing substantial bodily harm. A jury acquitted her of attempted murder but convicted her of both attempted first-degree assault-harm and second-degree assault. The Dakota County District Court entered a conviction for attempted first-degree assault-harm and sentenced Oliver to 45 months in prison.The Minnesota Court of Appeals reversed the conviction for attempted first-degree assault-harm, holding that such an offense does not exist under Minnesota law. The majority found that the statutory scheme for assault is based on harm inflicted rather than intended, and that the specific intent required for attempt crimes conflicted with the general intent element of first-degree assault-harm. The appellate court remanded for sentencing on the lesser second-degree assault conviction.The Minnesota Supreme Court reviewed the case and reversed the Court of Appeals. The Supreme Court held that attempted first-degree assault-harm, charged under the attempt statute, is a recognized crime in Minnesota. The Court ruled there is no statutory or logical conflict between the specific intent required for attempt and the general intent required for first-degree assault-harm. The case was remanded for the Court of Appeals to consider other issues not previously addressed. View "State of Minnesota vs. Oliver" on Justia Law

Federal and state law enforcement officers executed a search warrant at the home and business of George Peterson, a federally licensed firearms dealer operating out of his residence in Louisiana. The warrant was supported by an affidavit detailing months of investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), including undercover purchases where Peterson failed to report firearm sales as required and sold firearms under circumstances suggesting knowledge of illegal transactions. During the search, agents discovered a homemade, unregistered firearm suppressor in Peterson’s closet safe. The suppressor lacked a serial number and was not registered as required by the National Firearms Act (NFA).A grand jury in the United States District Court for the Eastern District of Louisiana indicted Peterson for possession of an unregistered suppressor in violation of the NFA. Peterson moved to dismiss the indictment, arguing the NFA’s registration scheme violated his Second Amendment rights as applied to him, and also moved to suppress the evidence, claiming the search violated the Fourth Amendment. The district court denied both motions. Peterson entered a conditional guilty plea, reserving the right to appeal those rulings. He was sentenced to twenty-four months’ imprisonment.On appeal, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s decisions. The court held that, assuming suppressors are protected by the Second Amendment, the NFA’s “shall-issue” licensing and registration regime is presumptively constitutional under New York State Rifle & Pistol Association v. Bruen and related precedent. Peterson failed to show that the NFA’s requirements denied him his rights or were applied abusively. Regarding the motion to suppress, the court found that the good-faith exception to the exclusionary rule applied because the officers reasonably relied on a warrant issued by a magistrate judge, even if probable cause was disputed. Thus, both denials were affirmed. View "United States v. Peterson" on Justia Law

The defendant was residing at a hotel managed by the Department of Mental Health when the hotel’s general manager entered his room to deliver a meal. After discovering the entry, the defendant accused the manager of theft. This confrontation escalated when the defendant returned to the manager’s office and threatened him with a knife. As a result, charges were filed for assault with a deadly weapon and making criminal threats, with allegations of prior serious or violent felony convictions and aggravating sentencing factors.The Superior Court of Los Angeles County denied the defendant’s motion to dismiss one of his previous strike convictions but later granted the prosecution’s request to dismiss one strike as inapplicable. The court bifurcated the trial on the prior conviction and aggravating factors. After the prosecution rested its case, the defendant stipulated to having a prior strike conviction and to the existence of aggravating factors, without being advised of his right to a jury trial on these issues or the penal consequences of his admission. The jury convicted the defendant of making criminal threats but could not reach a verdict on the assault charge. The court sentenced the defendant to the upper term, doubled under the three strikes law, based on his stipulation.The California Court of Appeal, Second Appellate District, Division Seven, reviewed the case. It held that the trial court erred by failing to advise the defendant of his constitutional rights—including the right to a jury trial—before accepting his stipulation to the prior conviction and aggravating factors. The appellate court found these errors prejudicial under the totality of the circumstances. While the conviction was affirmed, the sentence was vacated and the case remanded for resentencing. The People were allowed the option to retry the prior conviction and aggravating circumstances. View "P. v. Kinnear" on Justia Law

Donald Sims was serving a term of supervised release after a prior federal conviction for being a felon in possession of a firearm, following an earlier similar conviction. After his release from prison in 2021, Sims initially showed signs of improvement, including negative drug tests and stable employment. However, he later admitted to drug use and, in 2024, was found by police to be in possession of cocaine and drug paraphernalia during a traffic stop. Sims pleaded guilty in state court to felony cocaine possession and received a nine-month sentence. His probation officer then cited him for violating his supervised release by unauthorized drug use, cocaine possession, and failure to report police contact.The United States District Court for the Northern District of Ohio conducted a revocation hearing. Sims admitted violating his supervised release but denied ownership of the cocaine. The district court found his denial not credible, citing his guilty plea and the circumstances of the stop. Although the advisory Sentencing Guidelines range was seven to thirteen months, the court imposed an 18-month sentence to run consecutive to his state sentence, citing Sims’s pattern of violations and the need for deterrence. Defense counsel objected to the upward variance.On appeal, the United States Court of Appeals for the Sixth Circuit reviewed whether the sentence was procedurally and substantively reasonable. The Sixth Circuit held that the district court did not commit procedural error by considering Sims’s state sentence or by finding that his conduct amounted to trafficking based on the evidence. The court also found that the district court adequately explained its reasons for an above-Guidelines sentence and properly weighed the relevant sentencing factors. The Sixth Circuit affirmed the district court’s judgment, holding that the 18-month consecutive sentence was both procedurally and substantively reasonable. View "United States v. Sims" on Justia Law

Two brothers sought multimillion-dollar loans from a bank to fund oil and gas investments. Because the bank required collateral, one brother arranged for a third party to create fraudulent documents making it appear that a securities account was worth millions. The brothers paid the third party for these fake statements, and, over several years, borrowed millions from the bank. They used some of the loan proceeds for improper purposes, including personal expenses and paying for the fake account statements. The bank eventually discovered the fraud after questioning the third party, who confessed and cooperated with the government, leading to indictments for conspiracy to commit bank fraud and money laundering.Prior to trial, the case was assigned to a district judge who had previously represented the victim bank in unrelated civil matters. One brother pled guilty to conspiracy to commit bank fraud before trial, while the other, Phillip, went to trial. The district court denied motions to dismiss the indictment, sever the defendants, and for the judge’s recusal. It also admitted certain evidence and denied several of Phillip’s proposed jury instructions. After a jury found Phillip guilty on all counts, he was sentenced to concurrent prison terms and supervised release. He appealed, raising issues related to the judge’s recusal, evidentiary rulings, prosecutorial delay, instructions, and sufficiency of the evidence.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the district judge was not required to recuse himself due to his prior, unrelated representation of the bank. The court found no reversible error in the handling of co-conspirators’ pleas or other evidentiary rulings, found no grounds for dismissal due to prosecutorial delay, and held that the jury instructions were adequate. The court also found the evidence sufficient to support the convictions and rejected the cumulative error argument. The convictions were affirmed. View "USA v. Page" on Justia Law

The case concerns Holly Ann Elkins, who, along with her fiancé Andrew Beard, engaged in stalking and harassing Beard’s ex-girlfriend, Alyssa Burkett. Their actions included installing a GPS tracker on Burkett’s car, making false police reports, and plotting to plant incriminating evidence. These efforts were intended to gain custody of Beard’s child. Ultimately, Beard murdered Burkett, with Elkins providing assistance, such as purchasing materials used in the crime. Elkins was subsequently convicted by a jury of conspiracy to stalk, cyberstalking resulting in death, and using a firearm during a crime of violence.The United States District Court for the Northern District of Texas sentenced Elkins to five years for conspiracy, a life sentence for cyberstalking resulting in death, and a consecutive life sentence for the firearm offense. Elkins appealed to the United States Court of Appeals for the Fifth Circuit, focusing on the firearm conviction and its associated life sentence. She argued that the underlying cyberstalking offense could not serve as a predicate “crime of violence” for the firearm charge under 18 U.S.C. § 924(c).The United States Court of Appeals for the Fifth Circuit held that the relevant cyberstalking statute, specifically 18 U.S.C. § 2261A(2)(B), is not categorically a “crime of violence” because it does not require as an element the use, attempted use, or threatened use of physical force, even if death results. Consequently, the court vacated Elkins’s conviction and life sentence for the firearm charge. The court affirmed her convictions and sentences on the other counts, rejecting challenges related to the Commerce Clause, jury instructions, and alleged judicial bias. View "USA v. Elkins" on Justia Law

Federal agents learned that a previously convicted felon arranged the sale of a World War II-era Russian machinegun, which he acknowledged could not be lawfully transferred. The defendant, though not in physical possession of the weapon, set up the transaction between an undercover federal agent—posing as a firearms and drug trafficker—and a third party who actually had the gun. The agent and the defendant traveled together to complete the purchase, and the defendant was later arrested.The United States District Court for the District of Oregon presided over the prosecution. A grand jury indicted the defendant for both possessing or transferring a machinegun under 18 U.S.C. § 922(o) and for being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). Before trial, the defendant moved to dismiss the machinegun charge, arguing that the Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen required invalidation of the statute, and also that the statutory exemption in § 922(o)(2)(A) applied since the transfer was to a federal agent. The district court denied the motion, relying on Ninth Circuit precedent in United States v. Henry, which held that machineguns are not protected by the Second Amendment, and on earlier cases interpreting the statutory exemption narrowly. At trial, the jury acquitted on the felon-in-possession count but convicted on the possession or transfer count, and the district court sentenced the defendant to twenty-seven months in prison.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the conviction. The court held that the exemption in § 922(o)(2)(A) for transfers to the United States does not apply to transfers to undercover agents unless the transfer is authorized by the government for its benefit. The court also held that its prior decision in Henry remains binding, and that § 922(o) does not violate the Second Amendment. View "USA V. KITTSON" on Justia Law

A police officer in Des Moines, Iowa attempted to stop a vehicle driven by Dylan Pettyjohn for lacking license plates or a temporary registration. Pettyjohn fled, leading the officer on a high-speed chase through a residential area before crashing. He then ran from the vehicle, discarding a loaded revolver and a fanny pack containing 54 fentanyl pills, $389 in small bills, marijuana, and about 85 grams of methamphetamine. A search of his vehicle yielded a digital scale with white residue, more marijuana, and shell casings. Pettyjohn was arrested, and a federal grand jury indicted him on multiple counts related to drug possession with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm.The United States District Court for the Southern District of Iowa denied Pettyjohn’s motion to dismiss the felon in possession charge, rejecting his argument that 18 U.S.C. § 922(g)(1) violated the Second Amendment. The court also allowed limited admission of his prior felony convictions for impeachment purposes, after an agreement between Pettyjohn and the government. At trial, Pettyjohn moved for acquittal based on insufficient evidence, but the district court found the evidence sufficient and denied the motions. The jury found Pettyjohn guilty on all counts, and the court sentenced him to 300 months’ imprisonment.On appeal, the United States Court of Appeals for the Eighth Circuit reviewed the sufficiency of the evidence de novo, affirmed the district court’s evidentiary rulings under Rules 404(b) and 609, and upheld the constitutionality of § 922(g)(1) based on circuit precedent. The Eighth Circuit held that the evidence was sufficient to support the convictions, the district court did not abuse its discretion in admitting prior conviction evidence, and § 922(g)(1) is constitutional. The judgment of the district court was affirmed. View "United States v. Pettyjohn" on Justia Law

A special agent with Homeland Security Investigations was discovered to have stolen money from criminal targets, embezzled agency funds, and entered into a cash-for-protection arrangement with a confidential source. The agent’s conduct came to light after the confidential source was arrested by the DEA, and text messages between the two were uncovered. Investigators found that the agent deleted incriminating messages, misappropriated cash from drug dealers and agency sources, manipulated controlled buys for personal gain, and protected his source from law enforcement scrutiny. The agent was also shown to have structured cash deposits to evade bank reporting requirements and failed to report significant taxable income.The United States District Court for the Northern District of Illinois, Eastern Division, conducted a thirteen-day jury trial in 2023. The jury found the agent guilty on all counts, including filing false tax returns, structuring cash transactions, and concealing material facts from the government. The district court denied the agent’s post-trial motions for acquittal and a new trial, then imposed sentence. The agent appealed, contesting the sufficiency of the evidence supporting his conviction.The United States Court of Appeals for the Seventh Circuit reviewed the case. Applying the appropriate standards of review, the court held that there was sufficient evidence for a rational jury to convict on all counts. The evidence included direct and indirect proof of unreported income, clear indications of structuring to evade reporting requirements, and material omissions on government forms. The court found no grounds to disturb the jury’s credibility determinations or the district court’s denial of post-trial motions. Accordingly, the Seventh Circuit affirmed the judgment of the district court. View "USA v Sabaini" on Justia Law

The case arose from a criminal prosecution in which the defendant was charged with violating an abuse prevention order issued under Massachusetts General Laws chapter 209A. The order directed the defendant to "stay away" from the victim's residence, which was a multi-unit building, but did not set a specific distance for compliance. On the day in question, the defendant was observed by police walking on a street parallel and behind the victim’s residence, eventually reaching a point approximately 200 feet away from the victim’s home but on the opposite side of the block. He was arrested at that location. There was no evidence the defendant entered the victim’s property or that the victim was at home at the time.The Cambridge Division of the District Court Department conducted a jury trial, at which the defendant was convicted of violating the abuse prevention order. The defendant’s motions for a required finding of not guilty were denied at multiple stages. On appeal, the Appeals Court affirmed the conviction, concluding that the evidence was sufficient for a rational jury to find a violation. The defendant sought, and was granted, further appellate review by the Supreme Judicial Court.The Supreme Judicial Court of Massachusetts reviewed the evidence under the standard of whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. The Court held that, even viewing the evidence in the light most favorable to the Commonwealth, the evidence was insufficient to prove that the defendant had positioned himself so proximate to the victim’s property that he would have been able to abuse or contact the victim if she were present. Accordingly, the Supreme Judicial Court reversed the conviction, set aside the verdict, and ordered that judgment enter for the defendant. View "Commonwealth v. Carino" on Justia Law