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

Macias helped move drug money from Chicago to Mexico. He had prior convictions for human smuggling. At his bench trial, he challenged a drug-conspiracy charge by testifying he thought the cash came from human smuggling, not drug trafficking. The district judge convicted him, imposed a two-level enhancement under U.S.S.G. 2D1.1(b)(15)(D) for obstructing justice by testifying falsely, and sentenced him to 300 months in prison. Macias argued the enhancement did not apply to a defendant who perjures himself at trial and that the judge failed to find all perjury elements independently and explicitly, as constitutionally required. The Seventh Circuit affirmed. Macias waived these challenges, foreclosing appellate review. This is not merely a case where a defendant failed to object when asked the rote question, “Any other objections?” The defense acknowledged that the enhancement applied. The decision not to challenge the obstruction enhancement makes strategic sense. The judge already found Macias untruthful and there were good reasons to avoid tainting mitigation arguments about personal history and family circumstances. View "United States v. Macias" on Justia Law

The Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1), provides for an enhanced sentence for an ex-felon who possesses a firearm, 18 U.S.C. 922(g), if that person has “three previous convictions … for a violent felony or a serious drug offense, or both … .” ACCA defines a “violent felony” to include a federal or state crime punishable by more than a year’s imprisonment that “has as an element the use, attempted use, or threatened use of physical force against the person of another.” In 2019, the Supreme Court decided in "Stokeling," that a prior conviction could qualify if the statute of conviction requires “force capable of causing physical pain or injury.” In six cases, the Seventh Circuit previously concluded that the ACCA enhancement applied, On remand, for reconsideration in light of Stokeling, the Seventh Circuit examined Illinois statutes prohibiting robbery and armed robbery, 720 ILCS 5/18-1(a), 5/18-2, which provide that a person commits robbery when he takes property “from the person or presence of another by the use of force or by threatening the imminent use of force,” and again concluded that the defendants qualified for the enhancement. Illinois cases require that force be used as part of the action of taking or immediately leaving the scene. This can reasonably be characterized as force necessary to overcome the victim’s resistance, and is compatible with Stokeling’s definition of force. View "Van Sach v. United States" on Justia Law

In 2014, Block completed a 75-month prison term for wire fraud, based on an investment scheme, and three years of supervised release. As a special condition, the district court ordered Block “shall not solicit money for ANY purpose.” With two months left in that term, the Probation Office reported that Block had violated release conditions. An individual had attempted to wire approximately $41,000, but the bank, suspecting fraud, did not process the transaction. The FBI interviewed the individual, who explained he knew Block’s family and believed Block’s story. The Probation Office recommended a “hearing of admonishment.” About a year after the hearing, on February 3, 2017, the Probation Office reported a further violation of the non-solicitation condition and that the conduct constituted a new crime. On May 3, 2018, the district court conducted a hearing and revoked Block’s supervised release, sentencing him to 60 months’ imprisonment plus two more years of supervised release. The Seventh Circuit vacated. Block’s three-year supervised-release term expired on April 13, 2017. Under 18 U.S.C. 3583(i), a district court retains jurisdiction to revoke supervised release after the term’s expiration only if it issues a warrant or summons before the term expires. At a status hearing on February 28, the court remanded Block to custody but Block was not served with a summons. View "United States v. Block" on Justia Law

Chicago's Code permits the city to immobilize and impound a vehicle if its owner has three or more “final determinations of liability,” or two final determinations that are over a year old, “for parking, standing, compliance, automated traffic law enforcement system, or automated speed enforcement system violation[s].” Fines range from $25 to $500. Failure to pay the fine within 25 days automatically doubles the penalty. After a vehicle is impounded, the owner is further subjected to towing and storage fees and to the city’s costs and attorney’s fees. A 2016 amendment created a possessory lien in favor of the city in the amount required to obtain the vehicle's release. Chicago began refusing to release impounded vehicles to debtors who had filed Chapter 13 petitions. In each of four consolidated cases, the bankruptcy courts each held that Chicago violated the automatic stay by “exercising control” over bankruptcy estate property and that none of the exceptions to the stay applied. The courts ordered the city to return debtors’ vehicles and imposed sanctions for violating the stay. The Seventh Circuit affirmed, noting that it addressed the issue in 2009 and held that a creditor must comply with the automatic stay and return a debtor’s vehicle upon her filing of a bankruptcy petition. View "City of Chicago v. Fulton" on Justia Law

Seattle’s Duncan Place condominium complex was built in 2009, with Danze faucets in all 63 units. The faucets’ water hoses can corrode and crack in normal use. Several faucets failed, causing property damage and replacement costs. Danze’s “limited lifetime warranty” promises to replace defective parts. Danze refused to repair or replace the faucets. The Owners Association filed suit on behalf of itself, unit owners, and a proposed nationwide class, asserting claims under Washington law. The judge rejected all claims, holding that Washington’s independent-duty doctrine barred claims of negligence and strict product liability; the unjust-enrichment claim was premised on fraud but did not satisfy the FRCP 9(b) heightened pleading requirements. A Washington claim for breach of an express warranty requires that the plaintiff was aware of the warranty. Duncan Place was unable to make that allegation in good faith with respect to any unit owners.The Seventh Circuit reversed in part. The Washington Product Liability Act subsumes the negligence and strict-liability claims; the “independent duty doctrine” generally bars recovery in tort for direct and consequential economic losses stemming from the product’s failure (damages associated with the “injury” to the product itself) but does not bar recovery for damage to other property. Duncan Place alleged in general terms that the defective faucets caused damage to other condominium property, so the WPLA claim is not entirely blocked by the independent duty doctrine. View "Duncan Place Owners Associatio v. Danze, Inc." on Justia Law

Three-month-old J.J. was left in the care of his father, Felton, for the first time. Others visited during the day. That night, J.J. was rushed to the hospital. Doctors discovered that J.J. had a skull fracture, bleeding in his brain, and retinal hemorrhages. J.J. died. Felton was taken to jail on a probation hold. Felton told police that J.J. had hit his head in the bathtub. Another inmate, House, testified that Felton said he had swung J.J. into a bathroom door. Two treating physicians testified that J.J.’s death was, in part, due to shaking. The medical examiner concluded that blunt force trauma was the cause of death. Felton was convicted of first-degree intentional homicide. Felton unsuccessfully sought post‐conviction relief in Wisconsin state courts based on ineffective assistance of counsel, citing his attorney’s failure to object to the prosecutor’s closing argument statement that House could not receive a sentence modification for his testimony, and the attorney’s failure to secure medical expert testimony. At the post‐conviction hearing, three medical experts testified J.J. had not been shaken and J.J.’s injuries were consistent with a fall of two to four feet. The district court and Seventh Circuit denied Felton’s petition for habeas relief. The state court was not unreasonable in concluding that Felton was not prejudiced; there was no substantial likelihood of a different result had counsel objected to the closing argument statement. The habeas medical testimony would not have supported the claim that J.J.’s death was caused by his bathtub fall. View "Felton v. Bartow" on Justia Law

While serving a prison sentence at the Lawrence Correctional Center in Illinois, Gabb experienced severe back pain whenever he stood too long (15-20 minutes). After treatments he received did not relieve his pain, Gabb sued two members of Lawrence’s medical staff, Dr. Coe and Nurse Kimmel, alleging they were deliberately indifferent to his back pain in violation of his constitutional right to be free from cruel and unusual punishments. Gabb also sued Wexford, the private company that provided medical services at Lawrence. The district court rejected the claims on summary judgment. The Seventh Circuit affirmed. Gabb has not presented any evidence showing the defendants caused him any harm. The lack of evidence of what the “better” treatments were and whether they would have been effective would leave a jury entirely to its own imagination about what could have been done. View "Gabb v. Wexford Health Sources, Inc." on Justia Law

Wanko, a naturalized U.S. citizen from Cameroon, began studying dentistry at IU in 2014 and failed two courses. IU allowed Wanko to remediate RP and retake STI. To pass the RP remediation, a student had to score at least 80% on the exam. Wanko scored 71%. IU notified Wanko she would have to repeat the whole first‐year curriculum. She was the only student in her class held back. Wanko failed to complete her repeat of STI. IU dismissed her. Wanko’s GPA was 1.965. Wanko sued (Civil Rights Act, 42 U.S.C. 2000d), claiming that similarly situated, non‐black students were promoted when she was not. In discovery, IU produced spreadsheets showing the GPA, grades, race, and gender of each student in Wanko’s class, identifying each by number. IU cited the Family Educational Rights and Privacy Act’s safeguards concerning the release of student information, 20 U.S.C. 1232g. IU’s spreadsheets showed only two students had failed both RP and STI in the 2014–2015 school year: Wanko and another black female, who successfully remediated RP, had a GPA above 2.0, and was allowed to proceed to the second‐year curriculum. Wanko moved to compel the production of actual student records, claiming the spreadsheets were unreliable. The district court overruled Wanko’s objection to the magistrate’s denial of the motion and granted IU summary judgment. The Seventh Circuit affirmed. The spreadsheets showed no student, let alone one outside of a protected class, was similarly situated to Wanko. View "Wanko v. Board of Trustees of Indiana University" on Justia Law

Doe, an Iranian national, sought conditional permanent residency using the EB-5 admission category, which offers visas for immigrants who invest in new job-creating enterprises. The U.S. Citizenship and Immigration Service (USCIS) initially approved Doe’s petition but revoked its approval two years later. The revocation notice identified material changes: USCIS discovered information that contradicted evidence in the record, that the project had moved, and that Doe had not provided a business plan or targeted employment area certification for the new location. The record contained no evidence that the center was under construction or would create 10 jobs. Doe sought judicial review under the Administrative Procedure Act. The district court concluded that Congress had stripped its jurisdiction to review discretionary revocations of visa petitions (8 U.S.C. 1252(a)(2)(B)(ii).) and dismissed Doe’s suit. The Seventh Circuit affirmed, rejecting an argument based on Musunuru v. Lynch (2016), in which the Seventh Circuit held that section 1252(a)(2)(B)(ii) does not preclude judicial review of purely procedural rulings during the adjudication of a visa petition. The Doe ruling was not procedural. Doe challenged the agency’s substantive decision-making and cannot evade a jurisdiction-stripping statute by repackaging his substantive complaints as procedural objections. “Taken to its logical conclusion, Doe’s approach would eviscerate 1252(a)(2)(B)(ii). Any petitioner dissatisfied with a final agency decision could secure judicial review by alleging that the agency committed a procedural violation by overlooking favorable evidence.” View "Doe v. McAleenan" on Justia Law

Martov participated in a wire fraud scheme in which he collected fraudulently obtained debit card numbers and personal identification numbers and then distributed them to others who used the information to make cash withdrawals from ATMs. The conduct cost the victims approximately $1.2 million. When he was arrested, the government seized Martov’s watch, $4,035 in cash, a car, and nine firearms. In exchange for Martov’s guilty plea under 18 U.S.C. 1343, the government dropped other charges and agreed not to pursue criminal forfeiture. The government initiated administrative forfeiture proceedings, 18 U.S.C. 983, by sending notice to Martov and his attorney. Martov responded to the notice by filing claims for the car and guns. The government denied both claims and declared the property forfeited. The Seventh Circuit affirmed the denial of relief while noting “reservations with the procedural path that the government took in executing the forfeiture.” The government had missed certain statutory deadlines. Martov, who only argued that the seizure was improper and that the forfeiture action violated his plea agreement, failed to advance any meritorious arguments. View "Martov v. United States" on Justia Law