7th Circuit Court of Appeals Decisions

United States v. Riney Docket: 13-1491 Opinion Date: February 10, 2014 Judge: Hamilton Areas of Law: Criminal Law Riney was found in the vicinity of a shooting, immediately after the incident occurred, and matched the general description of the shooter. When he exited his car and walked away from the officers, they saw what they believed to be a gun in his waistband. A gun was found during a pat-down. Riney was convicted of possession of a firearm after previously having been convicted of a felony, in violation of 18 U.S.C. 922(g)(1). Riney had many felony convictions for violent crimes, though from many years earlier, to qualify as an armed career criminal under both 18 U.S.C. 924(e) and U.S. Sentencing Guideline 4B1.4. The district court sentenced Riney to 204 months in prison. The Seventh Circuit affirmed both his conviction and sentence, rejecting claims that the district court erred in denying his motion to quash his arrest and suppress evidence and in applying a two‐level enhancement for obstruction of justice to the offense level in its sentencing guideline calculation. http://j.st/ZkoB View Case On: Justia  Google Scholar

United States v. Sutton Docket: 13-1298 Opinion Date: February 10, 2014 Judge: Cudahy Areas of Law: Constitutional Law, Criminal Law Agent Lombardi received a tip from a confidential informant that he had seen “Cap” in possession of cocaine. The CI, who was familiar with cocaine distribution and had previously provided information that resulted in an arrest, provided the address at which he had seen “Cap.” Lombardi searched the name “Cap” in a law enforcement database. Todd Sutton was listed as a match for that alias. Lombardi obtained a booking photo of Sutton and showed it to the CI, who confirmed that “Cap” was Sutton. Lombardi drove the CI past the address. The CI confirmed the location and stated that the tenant was Foster, whom the CI believed to be Sutton’s girlfriend. A law enforcement database confirmed that Foster was the tenant; Lombardi later discovered that she was Sutton’s cousin. Lombardi took the CI before a judge; the CI signed a “John Doe” affidavit in support of a search warrant. During the ensuing search, agents found: 63 grams of crack cocaine in a bedroom closet; male clothing and shoes in the same closet; a digital scale with white powder residue and other items frequently used to cook crack cocaine in the kitchen; a handwritten letter on the kitchen table referring to “Cap”; and a computer, on which agents viewed a video showing Sutton in the apartment. Only Sutton and Foster had keys to the apartment; she rarely entered the bedroom where the cocaine was found. Sutton pleaded guilty, retaining the right to appeal denial of his motion to suppress. The Seventh Circuit affirmed. http://j.st/ZkoX View Case On: Justia  Google Scholar

Wilson v. Cook County Docket: 13-1464 Opinion Date: February 10, 2014 Judge: Griesback Areas of Law: Civil Rights, Government & Administrative Law, Labor & Employment Law Until 1998, Vanaria was employed by the Cook County Probation Department. He was terminated following investigation of allegations that he had sought sexual favors in exchange for looser conditions of probation. In 2002 the county rehired Vanaria, who was a political operative. He began working at a county hospital in a position excluded from decrees prohibiting hiring decisions based on politics. The hospital did not conduct background investigations of patronage hires. A pharmaceutical representative alleged that Vanaria had attempted to condition her participation in a hospital program on her giving him a massage. An investigation resulted in oral counseling for Vanaria, but no discipline. In 2007, Vanaria offered Krystal, an unemployed massage therapist, a position as a physical therapist. When she stated that she was not qualified as a physical therapist, he explained that he could make things happen because people owed him favors. He provided her with legitimate application forms and insurance paperwork. When Krystal returned to his office with her Social Security card, Vanaria asked Krystal to close the door and told her that if she truly wanted the job, she had to kiss and massage him. Krystal agreed to have Vanaria visit her at her home massage studio, where they had sexual contact. Krystal eventually called the hospital’s HR department and learned that no position had ever existed, Vanaria eventually pled guilty to official misconduct and bribery. The district court rejected Krystal’s Title VII (42 U.S.C. 2000e), equal protection, and due process claims and state law claims. The Seventh Circuit affirmed. http://j.st/Zkoe View Case On: Justia  Google Scholar