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

United States v. Morawski Docket: 13-2046 Opinion Date: June 12, 2014 Judge: Posner Areas of Law: Criminal Law Defendant pleaded guilty to using the mail to implement a fraud consisting mainly of a Ponzi scheme involving real estate, 18 U.S.C. 1341. Between 2006 and 2011 the scheme raised more than $21 million from 267 investors; $2.4 million was raised after the Illinois Department of Securities ordered the defendants to stop selling investment contracts in 2009. Investors recovered only about $3.2 million. He was sentenced to 120 months in prison and to pay restitution of more than $18 million and appealed the prison sentence, arguing that part of the loss to investors, for which he was held responsible, occurred as a result of market conditions. The Seventh Circuit affirmed, noting that “federal prisons should not be made to double as old-age homes,” but stating that any errors made by the sentencing judge were minimal. http://j.st/Zwid View Case On: Justia  Google Scholar

United States v. Bryant Docket: 13-3845 Opinion Date: June 12, 2014 Judge: Posner Areas of Law: Criminal Law The defendant pleaded guilty to a federal drug offense and was sentenced to 144 months in prison (his guidelines range was 188 to 235 months). He appealed. His lawyer filed an Anders brief to which the defendant did not respond. The Seventh Circuit dismissed after noting a number of problems with conditions of supervised release, including that the judge gave no reasons for imposing 13 of the 15 possible standard conditions that he imposed; that there was no indication that any of the conditions were shown to the defendant’s lawyer before the judge imposed them, or that the lawyer discussed supervised release with her client; and that, in two of the conditions the defendant, though a man, is referred to as “she” or “her.” However, because the attorney did not raise those issues and the defendant did not respond to the Anders brief, the court concluded that it had no basis for reversing the sentence. http://j.st/Zwix View Case On: Justia  Google Scholar

Garofalo v. Vill. of Hazel Crest Docket: 12-1668 Opinion Date: June 12, 2014 Judge: Tinder Areas of Law: Civil Rights, Labor & Employment Law According to the 2010 Census, Hazel Crest was 85.2% black and 10.2% white, but had no black supervisory police officers until 2005. Garofalo and Peers, both white, were sergeants on the police force and were among four front-runners considered for a deputy police chief position, which ultimately went to a black officer who was not one of those four candidates. They claimed that the village discriminated against them by promoting a black officer they contend is unqualified and sued under Title VII of the Civil Rights Act, 42 U.S.C. 2000e, and 42 U.S.C. 1981, 1983, and under Illinois state law. The district court entered summary judgment in favor of the defendants. The Seventh Circuit affirmed. Garofalo and Peers failed to present sufficient evidence to permit a reasonable jury to find that they were the object of unlawful discrimination. Defendants offered evidence that Garofalo suffered from a lack of leadership and deficiencies in decision-making abilities. Peers had a reputation for a “volatile and unstable personality,” and did not have the respect of the men he supervised. Garofalo and Peers did not present evidence to counter that explanation and permit a finding of pretext. http://j.st/Zww8 View Case On: Justia  Google Scholar