Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Defendant pleaded guilty to transporting a minor in interstate commerce for the purpose of prostitution, 18 U.S.C. 2423(a) and was sentenced to 210 months' imprisonment. Appeal was dismissed on the basis of waiver in the plea agreement. Defendant filed a collateral attack within a year, arguing that his attorney had a conflict of interest, because he formerly represented one of defendant's prostitutes in a different case, and furnished ineffective assistance of counsel because he did not obtain a formal waiver of the conflict. The district court denied the petition, concluding that the record did not supply any reason to think that counsel's work on the 2003 prostitution claim would have diminished his ability to represent defendant effectively. A subsequent motion under Fed. R. Civ. P. 60(b)(6) was accompanied by more factual detail, but was denied. The Seventh Circuit affirmed denial of the petition and vacated with respect to the 60(b) motion, instructing the district court to dismiss the motion as a successive collateral attack, barred by 28 U.S.C. 2244(b) even though the first ruling was still pending on appeal.

In April 2010, plaintiff sought an injunction, challenging appropriations under Public Act 96-39, the 2009 "Illinois Jobs Now" capital bill, which included line item appropriations to funds from the Build Illinois Bond Fund (30 ILCS 425/9) to the Department of Commerce and Economic Opportunity for grants to not-for-profit organizations (including religious entities) and local governments for capital construction, infrastructure, improvement, and repair costs. The district court dismissed, finding that: the Eleventh Amendment barred state law claims; plaintiff lacked standing to challenge discretionary appropriation to the Governor; the complaint failed to state an as-applied challenge to appropriations because funds had not been dispersed; and the complaint failed to state a claim that appropriations were facially invalid under the "Lemon" test. After the 30-day period for filing notice of appeal expired, the court granted a motion for extension based on plaintiff's attorney's candidacy in the gubernatorial race. The Seventh Circuit held that the court abused its discretion in granting the extension and dismissed an appeal for lack of jurisdiction.

An officer followed defendant's car because of a tip that included the license plate number. He observed that the windows were tinted, and after stopping defendant for failure to signal a right turn, smelled marijuana and saw defendant try to conceal a bag. Defendant stated that he had a gun in the car and the officer's canine alerted to drugs. A search of his car yielded a loaded revolver, crack cocaine, marijuana, and a digital scale. He was convicted as a felon in possession of a firearm, possession of crack cocaine with intent to deliver, and possession of a firearm in furtherance of a drug transaction. The Seventh Circuit affirmed, finding that misstatement of the date on the indictment did not amount to constructive amendment. The court also rejected an argument that the officer lacked probable cause for the stop; a turn signal was required, even if the angle of the turn was less than 90 degrees.