Criminal Law

Defendant was found guilty of two counts of 18 U.S.C. § 922(g)(3), which prohibits users of unlawful drugs and those addicted to them from possessing a firearm. On appeal, defendant argued that the statute violates the Second Amendment and is unconstitutionally vague. The Seventh Circuit affirmed, finding that the federal statute does not violate the second amendment and that his void-for-vagueness challenge was foreclosed by existing precedent. (HAMILTON and SCUDDER, concurring)

Defendant pleaded guilty to conspiracy to distribute cocaine and during the sentencing hearing the district court found that a prior state cocaine conviction supported a recidivism enhancement that raised the maximum sentence from 20 years to 30 years in prison. The Seventh Circuit affirmed his conviction on direct appeal and defendant later sought section 2255 relief for ineffective assistance of counsel, arguing that his appellate, sentencing, and plea counsel were deficient for failing to argue that the enhancement was improper because the state conviction could not support a recidivism enhancement. The Seventh Circuit affirmed, finding that defendant failed to meet his burden of showing counsel’s performance was not objectively reasonable under the law at the time of his sentencing. (BRENNAN and JACKSON-AKIWUMI, concurring)

Defendant appealed from his conviction for dealing methamphetamine by arguing that the jury that decided his case was not impartial. Defendant had moved to strike two jurors who indicated they had familial connections to law enforcement, but one of the motions to strike on that basis was denied. The Seventh Circuit affirmed, finding that the district court did not err where the prospective jurors gave different answers and the juror who was not dismissed gave an unequivocal statement that she would listen to the evidence and be impartial. (RIPPLE and ST. EVE, concurring)

Defendant pled guilty to one count of conspiracy to commit money laundering. During sentencing, the district court applied a four-level guidelines enhancement for being in the business of laundering funds. Defendant appealed, arguing that the district court erred in applying the enhancement because he was merely a “middleman” who did not directly handle the money. The Seventh Circuit affirmed, finding that defendant’s undisputed actions, which he admitted were “integral” to the multi-year, multi-transaction conspiracy placed his conduct within the type of conduct covered by the “business of laundering funds” enhancement. (RIPPLE and BRENNAN, concurring)

Defendant was found guilty after a bench trial of unlawful possession of a firearm by a felon and possession with intent to distribute a controlled substance and was sentenced to 70 months in prison. On appeal, defendant argued that the district court erred when it denied his motion to suppress evidence and challenged the sufficiency of the evidence with regard to the firearm charge. Defendant also sought to adopt an additional constitutional challenge to the firearm charge. The Seventh Circuit affirmed, finding that the district court did not err in its analysis of the motion to suppress, that there was ample evidence to support a finding of constructive possession, and that the defendant waived the constitutional challenge. (SCUDDER and KOLAR, concurring)