Dist. Ct. erred in denying defendant’s habeas petition challenging his 24-year term of incarceration on charge that defendant-police officer deprived victim of her civil rights under color of law (18 USC section 242), arising out of defendant’s sexual assault of victim during defendant’s investigation of victim’s report of neighborhood dispute. Said sentence was based on jury’s finding that defendant’s conduct amounted to “aggravated sexual abuse,” that in turn increased maximum penalty for said offense from one year to life in prison. Moreover, defendant’s trial and appellate counsel were ineffective for failing to challenge govt.’s proposed instruction that improperly allowed jury to find that defendant had engaged in aggravated sexual abuse through use of psychological coercion or through implied threat based on defendant’s physical size or his status as police officer, rather than through use of physical force, as required for said finding under Boyles, 57 F.3d 535.
Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel