U.S. v. Gries

Federal 7th Circuit Court
Criminal Court
Double Jeopardy
Citation
Case Number: 
Nos.15-2432 & 15-2447 Cons.
Decision Date: 
December 7, 2017
Federal District: 
S.D. Indianapolis Div.
Holding: 
Reversed and remanded

Dist. Ct. erred in imposing concurrent sentences on charges of conspiracy to distribute child pornography and conspiracy to sexually exploit child, where Dist. Ct. also imposed sentence on charge of engaging in child-exploitation enterprise. Instant conspiracy charges were lesser-included/predicate offenses for instant enterprise charge, and thus imposing any sentences for conspiracy offenses would violate Double Jeopardy Clause, since sentences on conspiracy charges would constitute separate sentences for same enterprise offense. Upon remand, Dist. Ct. is directed to vacate either greater or lesser counts and to enter new judgments. (Amended opinion.)