U.S. v. Johnson

Defendant was found guilty of conspiracy to produce child pornography, distribution of child pornography, and unlawful possession of a firearm as a felon. On appeal, he raised three claims of procedural error: that the trial court erred when it denied his requests for new counsel, that the trial court erred when it denied his motion for a new trials based on late disclosure of evidence, and that the judge made an improper factual finding at sentencing regarding his causal role in the suicide of an individual who participated in his criminal scheme. The Seventh Circuit affirmed, finding that the trial court properly exercised its discretion in denying defendant’s requests for a new trial, that defendant’s argument for a new trial was undeveloped, and that the judge’s remarks during sentencing did not amount to a factual finding that defendant was causally responsible but were part of a holistic assessment of the seriousness of the crimes. (HAMILTON and BRENNAN, concurring)