Short Wins - Federal Sex Crimes Are Still Good Candidates for Reversal, And Bribery Gets Reversed Too
Last week saw a continuation of the short win trends we've seen in the past -- federal sex crimes are frequently represented. Though this week is heavier on reversals involving enticing a minor.
The Ninth Circuit lets a man expand the record to investigate an ineffective assistance claim, the Third Circuit finds that an argument that trying to get someone to engage in statutory rape shouldn't be worse than actually committing statutory rape makes some sense, and a bribery conviction is reversed in the Seventh Circuit because the evidence was insufficient. It's not a bad week in federal criminal appeals.
1. Buenrostro v. United States, Ninth Circuit: Appellant filed several postconviction claims after he was convicted of conspiracy to manufacture methamphetamine and sentenced to a mandatory minimum term of life imprisonment without parole based on his two prior felony drug convictions. Of those claims, the Ninth Circuit granted appellant's motion to expand the record, which sought to reassert a previously raised ineffective assistance of trial counsel claim based on counsel's alleged failure to communicate a plea offer.
2. United States v. Begin, Third Circuit: Appellant appealed his sentence on charges related to his attempt to persuade a minor to have sex with him. At sentencing, he requested a downward variance based on an asserted disparity between his sentence for attempting to induce statutory rape and the lower maximum sentences for actually committing statutory rape under federal law. The district court erred in failing to consider this request at sentencing because (1) the argument had colorable legal merit and (2) the court failed to make a sufficient record to demonstrate that it considered the argument. Because the sentence was procedurally unreasonable, appellant's sentence was vacated and the case remanded for the district court to consider appellant's request for a downward variance.
3. United States v. Owens, Seventh Circuit: Appellant, a zoning inspector, was convicted of two counts of federal program bribery for accepting two $600 bribes in exchange for issuing certificates of occupancy for newly constructed homes. Because there was insufficient evidence to show that the certificates had a value of $5,000 or more as required by the applicable statute, appellant's conviction and sentence were reversed.
4. United States v. Zobel, Sixth Circuit: After pleading guilty to knowingly coercing and enticing a minor to engage in sexual activity, appellant was sentenced to a term of imprisonment and special conditions of supervised release were imposed, including a condition banning him from possessing or viewing "sexually suggestive" materials. Because the condition affects substantial First Amendment rights and calls into question the fairness of the proceedings given the severity of the restriction, the condition was vacated.
5. United States v. Mendiola, Tenth Circuit: Appellant's supervised release, which was imposed pursuant to his conviction for being a felon in possession of ammunition, was revoked. The district court imposed a term of imprisonment, and recommended that appellant participate in a drug treatment program while incarcerated. Because the court committed plain error in basing the length of the sentence on appellant's need to participate in a drug program, the sentence was reversed and the case remanded to the district court for resentencing.