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

Sean Grusd fraudulently persuaded multiple victims over two years that he was a successful investor, convincing them to entrust him with significant sums of money, including life savings and funds intended for their children’s education. He substantiated his misrepresentations with forged documents and ultimately used the money for personal luxury purchases. Grusd pleaded guilty to one count of wire fraud and acknowledged in his plea agreement that he had defrauded his victims of approximately $23,155,000. He agreed that restitution would be ordered in that amount, minus any funds repaid prior to sentencing.The United States District Court for the Northern District of Illinois, Eastern Division, oversaw Grusd’s sentencing. The Presentencing Investigative Report, consistent with the plea agreement, recommended restitution of $23,155,000. During sentencing, the prosecutor noted that approximately $1.6 million had already been recovered from third parties, a representation to which Grusd’s counsel acquiesced and clarified as voluntary returns connected with civil matters. The prosecutor then confirmed that the updated restitution figure was $21,557,739, which the district judge ordered, with credit for any further payments. Grusd did not object to this calculation or the restitution amount.On appeal to the United States Court of Appeals for the Seventh Circuit, Grusd challenged the subtraction of the $1.6 million credit from the agreed-upon total, arguing that the district judge erred by not substantiating the amount. The Seventh Circuit held that Grusd had waived his right to challenge the restitution credit by acquiescing during sentencing and failing to object. The court further held that, even if the claim was merely forfeited, Grusd could not meet the requirements for plain-error review. The judgment of the district court was affirmed. View "United States v. Grusd" on Justia Law

Farhan Sheikh, a college student and active iFunny user, posted a series of public messages threatening to kill doctors, patients, and visitors at a Chicago abortion clinic, naming the clinic and specifying a date. He repeatedly emphasized in follow-up posts and private messages that his threats were genuine and not satirical, even stating his intent to carry out the actions. After his posts were reported to the FBI, the clinic was warned, canceled appointments, increased security, and an employee took time off in response to the threat. Sheikh was arrested and indicted for transmitting threats in interstate commerce under 18 U.S.C. § 875(c).The case was first heard in the United States District Court for the Northern District of Illinois. Sheikh moved to dismiss the indictment, arguing the statute was facially unconstitutional and the grand jury had not been properly instructed on the law's requirements regarding true threats and criminal intent. The district court denied his motion and proceeded to trial, where evidence included employee testimony and images of security changes at the clinic. Sheikh testified that he did not intend to carry out the threats, but the jury convicted him. His motion for a new trial was denied.On appeal, the United States Court of Appeals for the Seventh Circuit reviewed Sheikh’s constitutional challenge to § 875(c), his grand jury process objections, and his evidentiary complaints. The Seventh Circuit held that § 875(c) is constitutional when interpreted to criminalize only true threats made with at least reckless intent, consistent with recent Supreme Court and circuit precedent. The court found no reversible error in the grand jury process or the admission of evidence at trial, concluding that any evidentiary mistakes were harmless given the strength of the government’s case. The Seventh Circuit affirmed the conviction. View "United States v. Sheikh" on Justia Law

Police in Milwaukee searched Michael Yumang’s car and home in 2019 and 2022, finding distribution quantities of methamphetamine, a handgun, and ammunition. Before the 2022 search, a postal inspector intercepted a package containing a quarter pound of meth addressed to Yumang’s residence from California. Yumang admitted to regularly obtaining meth from California and reselling it in Wisconsin. He was charged with three drug-trafficking offenses related to each meth seizure and the intercepted shipment, as well as unlawful possession of a firearm in furtherance of a drug crime.After an indictment and pretrial proceedings, Yumang waived his right to a jury trial and had a bench trial in the United States District Court for the Eastern District of Wisconsin. The government called multiple witnesses, including three forensic chemists who analyzed the seized meth, confirming its purity and quantity. Prior to trial, the government disclosed—subject to a protective order—that the DEA chemist who tested the 2019 meth had been placed on a performance improvement plan in 2023. At trial, Yumang’s attorney sought to cross-examine the chemist about the plan, but the judge ruled the information irrelevant since the performance issues arose years after the chemist’s work on the case. The judge found Yumang guilty on all counts and imposed a sentence of 180 months.On appeal to the United States Court of Appeals for the Seventh Circuit, Yumang argued that briefly closing the courtroom to make a record of the sidebar discussion about the chemist’s performance plan violated his Sixth Amendment right to a public trial, and that the exclusion of the proposed cross-examination was both evidentiary error and a Confrontation Clause violation. The Seventh Circuit held that the five-minute courtroom closure was too trivial to constitute a Sixth Amendment violation and that excluding the cross-examination was neither an evidentiary nor constitutional error. The court affirmed the judgment. View "USA v Yumang" on Justia Law

Charles Cui was charged with bribery and related offenses after he attempted to secure the assistance of Edward Burke, a powerful Chicago alderman, in reversing a permit denial by the Chicago Department of Buildings (CDOB) regarding a pole sign at his commercial property. Cui’s financial interests were jeopardized by the permit denial, which threatened both a lucrative lease with Binny’s Beverage Depot and tax increment financing from the City. To influence Burke, Cui offered to retain Burke’s law firm for property tax appeal work, explicitly seeking Burke’s intervention in the CDOB matter.The United States District Court for the Northern District of Illinois, Eastern Division, presided over a six-week trial in which a jury convicted Cui on all counts: bribery under 18 U.S.C. § 666(a)(2), violations of the Travel Act, and making false statements to the government. The district court admitted evidence over Cui’s objections, including a photoshopped photograph sent to the CDOB, and denied Cui’s post-trial motions for acquittal and a new trial. The court sentenced Cui to 32 months’ imprisonment and applied an obstruction-of-justice enhancement for failing to produce key emails in response to a grand jury subpoena.On appeal, the United States Court of Appeals for the Seventh Circuit reviewed Cui’s challenges to the sufficiency of evidence, jury instructions, evidentiary rulings under Federal Rule of Evidence 404(b), and sentencing. The court held that sufficient evidence supported the convictions, that the jury instructions correctly conveyed the law’s requirements—including the quid pro quo element and the definition of “corruptly”—and that the admission of the photoshopped photograph was not an abuse of discretion. The court also found that the sentencing enhancement and the disparity between Cui’s and Burke’s sentences were justified. The Seventh Circuit affirmed the judgment of the district court. View "USA v Cui" on Justia Law

Federal agents arrested a defendant after he engaged in explicit online communications with an undercover agent posing as the father of an eight-year-old girl. Over several months, the defendant requested sexually explicit images of the fictitious child, instructed the agent on how to sedate her to facilitate the abuse, and provided detailed suggestions about the nature of the photographs. The defendant attempted to access links purported to contain the requested images, which were in fact fake and used to record his attempts.A grand jury indicted the defendant on three counts: attempted enticement of a minor to engage in criminal sexual activity, attempted sexual exploitation of a child for the purpose of producing a visual depiction, and attempted receipt of child pornography. At trial in the United States District Court for the Central District of Illinois, the government presented evidence through two FBI agents. After the government rested, the court granted the defendant’s motion for acquittal on the enticement charge but denied it on the other two; the defendant was convicted by a jury on attempted sexual exploitation and attempted receipt of child pornography and was sentenced to 180 months, the statutory minimum for the exploitation charge.The United States Court of Appeals for the Seventh Circuit reviewed the conviction for attempted sexual exploitation. The court held that the defendant’s sufficiency-of-the-evidence challenge was preserved and, viewing the evidence in the light most favorable to the government, found sufficient evidence to support the conviction beyond a reasonable doubt. The court further held that the jury was properly instructed that conviction under 18 U.S.C. § 2251(a) does not require direct communication with a minor, and that the statute covers conduct involving an intermediary. The court affirmed the judgment of the district court. View "USA v Carpenter" on Justia Law

Julius Robinson was convicted of murders committed during drug offenses and sentenced to death in the Northern District of Texas. His convictions and sentences were affirmed on direct appeal by the United States Court of Appeals for the Fifth Circuit. Robinson then filed a petition under 28 U.S.C. §2255, which was denied by the United States District Court for the Northern District of Texas, and the Fifth Circuit denied him a certificate of appealability. Subsequent efforts to reopen his case were treated as requests to file second or successive §2255 petitions, which were also denied.After these unsuccessful attempts, Robinson sought habeas relief under 28 U.S.C. §2241 in the United States District Court for the Southern District of Indiana, where he was incarcerated. He raised five issues, including claims about the jurisdiction of the trial court, alleged prosecutorial misconduct, ineffective assistance of trial counsel, and violations of his rights under the American Declaration of the Rights and Duties of Man. The district court dismissed Robinson’s §2241 petition, holding that §2255(e) barred review because Robinson had not shown that the remedy under §2255 was inadequate or ineffective, referencing the Supreme Court’s decision in Jones v. Hendrix.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court held that, under Jones and its own recent decision in Agofsky v. Baysore, §2255(e) does not permit a federal prisoner to seek relief under §2241 merely because he cannot satisfy the requirements for filing a second or successive §2255 motion, unless the sentencing court is unavailable. The Seventh Circuit further clarified that prior circuit decisions allowing such claims under §2241 are no longer authoritative. The court also rejected Robinson’s Suspension Clause argument and affirmed the district court’s dismissal of the petition. View "Robinson v. Lammer" on Justia Law

Alfredo Juarez-Perez, a citizen of Mexico, was arrested in Sun Prairie, Wisconsin, after illegally reentering the United States for the third time. His criminal history spans decades, including multiple state convictions for sexual assault, failure to register as a sex offender, operating while intoxicated, and federal convictions for distributing cocaine and illegal reentry. He has repeatedly used aliases to elude law enforcement and violated conditions of release by failing to appear for legal proceedings. Upon his most recent arrest, U.S. Immigration and Customs Enforcement (ICE) lodged a detainer against him, and he was indicted for illegal reentry in October 2025.A magistrate judge in the United States District Court for the Western District of Wisconsin initially ordered Juarez-Perez released pending trial, reasoning that the ICE detainer eliminated the risk of flight because he would remain in government custody. The magistrate judge indicated that, absent the detainer, Juarez-Perez would pose a serious risk of flight under the Bail Reform Act. The government appealed this decision, and the district court revoked the release order, finding that Juarez-Perez’s criminal history, likely incentive to consent to deportation, repeated illegal reentries, and use of fraudulent documents presented a serious risk of flight. The district court concluded that no conditions could reasonably assure his appearance in court.The United States Court of Appeals for the Seventh Circuit reviewed the district court’s decision and affirmed the denial of Juarez-Perez’s motion for release pending trial. The Seventh Circuit held that the presence of an ICE detainer does not preclude pretrial detention under the Bail Reform Act, and that Juarez-Perez’s history demonstrated a serious risk of flight and non-appearance. The court found that no conditions of release would reasonably assure his appearance, and accordingly denied his motion for release. View "USA v Juarez-Perez" on Justia Law

Alvin Beasley was charged with being a felon in possession of a firearm after police responded to gunshots at his ex-girlfriend’s house in Danville, Illinois. Officers saw a car fleeing the scene, found Beasley inside, and recovered a discarded firearm. As Beasley was on parole for a felony conviction, he could not lawfully possess a firearm. After a jury found him guilty, a presentence investigation identified three prior felony convictions: armed robbery in 2004, aggravated battery in 2005, and second-degree murder in 2011. The probation office concluded that Beasley qualified for enhanced sentencing under the Armed Career Criminal Act (ACCA).The United States District Court for the Central District of Illinois overruled Beasley’s objection that a jury should decide whether his prior convictions occurred on “different occasions,” and sentenced him to 300 months’ imprisonment. The court relied on then-controlling Seventh Circuit precedent, which permitted judges to make this finding. Beasley appealed, arguing that recent Supreme Court decisions (Wooden v. United States and Alleyne v. United States) required that this factual question be determined by a jury.While the appeal was pending, the Supreme Court decided Erlinger v. United States, holding that the Fifth and Sixth Amendments require a jury to decide whether prior offenses occurred on different occasions under ACCA. The United States Court of Appeals for the Seventh Circuit agreed that the district court erred under Erlinger, but concluded the error was harmless. The appellate court found, beyond a reasonable doubt, that a properly instructed jury would have reached the same result, given the substantial gaps in time and the distinct nature of the offenses. The Seventh Circuit affirmed the district court’s judgment. View "United States v. Beasley" on Justia Law

De’Andre Owens was the subject of a controlled drug buy operation in Centralia, Illinois, on March 15, 2022. Law enforcement provided a confidential informant, Charlie Anderson, with money and recording equipment to purchase methamphetamine from Owens. The exchange occurred under police surveillance, but the recording device did not capture the transaction clearly. After the sale, Anderson was followed by Owens, prompting coordinated surveillance by detectives until Anderson safely rejoined them and turned over methamphetamine. While awaiting trial in jail for this offense, Owens attempted to bribe Anderson not to testify, orchestrating a series of calls offering Anderson $10,000 for his silence.In July 2023, Owens was indicted in the United States District Court for the Southern District of Illinois on counts of distributing methamphetamine and witness tampering. At trial, several law enforcement officers and experts testified regarding the procedures used in the controlled buy and the subsequent investigation. The jury found Owens guilty on both counts. The district court sentenced him to 360 months’ imprisonment, classifying him as a career offender based in part on a prior state drug conviction. Owens had initially objected to the career offender enhancement but withdrew that objection at sentencing.Owens appealed to the United States Court of Appeals for the Seventh Circuit, arguing errors related to expert testimony, jury instructions, handling of dual-role witnesses, and the career offender enhancement. The Seventh Circuit held that Owens forfeited or waived each argument. The court found no plain error in the admission of expert testimony, the inclusion of a witness in a jury instruction, or the handling of dual-role testimony, and concluded Owens had waived his objection to the career offender enhancement. The Seventh Circuit affirmed the judgment of the district court. View "USA v Owens" on Justia Law

After serving more than a decade in the Illinois state legislature, the defendant established a lobbying and consulting firm and also sold life insurance for a private company. For several years, she correctly filed her tax returns and reported her income. However, beginning in 2014, she significantly underreported her income on her personal tax returns or failed to file altogether, despite substantial earnings from her business and insurance work. She was later terminated from her insurance position for fraudulent activity. The IRS discovered unreported income and issued a notice of tax liability, prompting her to amend one return and enter a payment plan, which she later abandoned.A grand jury indicted her on six counts, including making false statements on tax returns and willfully failing to file returns for herself and her company. The United States District Court for the Northern District of Illinois, Eastern Division, made several evidentiary rulings before and during trial, including excluding evidence of her amended tax return and payment plan, and limiting her expert’s testimony. The jury convicted her on four counts. The court denied her motion for judgment of acquittal and later sentenced her to one year of imprisonment and supervised release. She subsequently filed a motion to modify her sentence to make her eligible for good-time credits, which the district court denied.The United States Court of Appeals for the Seventh Circuit reviewed her convictions and the district court’s evidentiary rulings de novo and for abuse of discretion, respectively. The appellate court held that there was sufficient evidence for a rational jury to find willfulness, affirmed the exclusion of post-offense remedial evidence as within the district court’s discretion, found her challenge to the impeachment ruling waived since she did not testify, upheld the limitation on her expert’s testimony, and agreed that her motion to correct the sentence was untimely and properly denied. The Seventh Circuit affirmed the judgment. View "United States v. Collins" on Justia Law