Circuit Court Opinions

The Seventh Circuit affirmed a defendant’s conviction for stealing money belonging to the U.S. under 18 USC 641. The defendant was a police officer who used his position to rob drug dealers, and on some occasions, the money he stole was planted by the FBI, which was investigating him. The Court held that the Government did not have to prove that the defendant knew the money belonged to the U.S.

The Fifth Circuit vacated a district court’s order denying a defendant’s request to withdraw his guilty plea. The defendant had alleged that had wanted to file suppression motions and that he would not have pleaded guilty but for his then-attorney telling him the time for filing motions was after the change of plea hearing. The Court held that the defendant had alleged sufficient facts that, if true, would have established ineffective assistance of counsel.

The Sixth Circuit vacated a defendant’s sentence. The defendant had received two sentences for possession of a firearm by a convicted felon and by a domestic violence misdemeanant. The Court held that these two convicted should have been merged for sentencing since they were based on one act of possession.

In an appeal from a grant of qualified immunity in a 1983 case, the First Circuit held that police officers violated clearly established Fourth Amendment law when they repeatedly entered the curtilage of a man’s home and knocked on his door and windows despite clear indications that he did not want to come to the door. The Court held this was clearly a violation of the man’s Fourth Amendment rights under Florida v. Jardines.

The Ninth Circuit reversed the convictions of two defendants who had been convicted of conspiracy to commit bank fraud and making false bank entries. The two bank executives had lied to shareholders about the bank’s financial status and had made unauthorized transfers to hide the bank’s poor performance. However, the defendants did not attempt to enrich themselves or deprive the bank of its funds. The Court affirmed the district court’s order of acquittal based on insufficient evidence. The bank did not have a cognizable property interest, under the fraud statute, in the accuracy of its financial interests. Nor was it deprived of its property interest in the defendants’ salaries since the defendants were doing the job they were paid for.

The Seventh Circuit held that the deadline for filing a notice of appeal in a criminal case is measured from the date a district court denies a motion for reconsideration, not the date of a district court’s order on the underlying motion.

The D.C. Circuit reversed the defendant’s convictions for sexual exploitation of a minor, attempted sexual exploitation of a minor, and possession of an image of a minor engaged in sexual conduct. The defendant had surreptitiously filmed his minor stepdaughters while they were changing in their rooms or in their bathrooms, but this evidence was insufficient to convict him of the charges because there was no evidence that the images depicted the “lascivious exhibition” of the minors because the minors were not exhibiting their nudity in a “lustful manner that connotes the commission of sexual intercourse” or other overtly sexual conduct.

The Third Circuit held that the district court had plainly erred in imposing a condition of supervised release requiring the defendant to register as a sex offender under SORNA where the defendant did not have a conviction for a “sex offense” under SORNA’s definitions. The defendant was convicted of depriving the civil rights of individuals under color of law by using his position as a police officer to coerce women to engage in sexual conduct with him. The Court also held that since he was not notified of SORNA’s requirements prior to his sentencing, his appellate waiver was not entered into knowingly and voluntarily.

The Ninth Circuit reversed a district court’s denial of a motion for a sentence reduction under 18 USC 3582(c)(2), which applies when the Guidelines are retroactively amended and would have had the effect of lowering a defendant’s Guidelines range. While the district court recognized the defendant was eligible for a reduction, the Ninth Circuit held that the court had abused its discretion when it “erroneously concluded that it could not consider intervening developments affecting the mandatory minimum in its 3553(a) factor analysis.”

Joining the Fourth, Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits, the Third Circuit held that a conviction for Hobbs Act robbery is not a prior conviction for a “crime of violence” under the “Career Offender” provisions of the Guidelines.