Short Wins - Stealing The Identity Of A Corporation, Conspiracies To Distribute Marijuana, And Jury Instructions For Sexual Assault

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This week's wins cover three circuits and four diverse areas of law.

Particularly interesting (to me) are the Fourth Circuit's opinion holding that it may not be a crime to steal the identity of a corporation. It feels like corporate personhood and it's limits are popping up in all sorts of ways these days.

The Eighth Circuit has an interesting jury instruction issue in a sexual assault case, and, remarkably, the First Circuit has a remand based on the sufficiency of the evidence in a marijuana conspiracy case. A good set of wins all around.

And good work Fourth Circuit for having two entries on the list!

To the victories!

1155650_berlin_siegessule.jpg1. United States v. Hilton, Fourth Circuit: Appellants Jacqueline, Tamatha, and Jimmy Hilton were convicted of offenses arising out of their scheme to defraud a furniture manufacturer. Jacqueline and Jimmy were convicted of, among other crimes, identity theft and aggravated identity theft. Because the statutes governing these crimes are ambiguous as to whether they include the theft of a corporation's identity, Jacqueline and Jimmy's convictions on these counts were vacated. As to the remaining counts, the court vacated Jacqueline and Jimmy's sentences and remanded for resentencing.

2. United States v. Rouillard, Eighth Circuit: At appellant's trial for rape, he requested that the jury be instructed that the knowledge element of rape required the jury to find not only that (1) he engaged in a sexual act with a woman when she was incapable of consenting, but also that (2) he knew of the woman's incapacity or inability to consent. The district court declined to provide instruction (2). This was error, as (2) is an element of the offense and deprived appellant of his defense. Consequently, appellant's conviction was reversed and the case remanded for a new trial.

3. United States v. Torres-Miguel, Fourth Circuit: Appellant was convicted of illegal reentry by an aggravated felon. At sentencing, the district court imposed a 16-level enhancement based on its finding that appellant's state conviction for a criminal threat constituted a prior "crime of violence" under Sentencing Guideline § 2L1.2(b)(1)(A)(ii). Because the state conviction did not qualify as a crime of violence, the enhancement was improper. Appellant's sentence was vacated and the case remanded for resentencing.

4. United States v. Burgos, First Circuit: In drug conspiracy case, a rational jury could not have concluded beyond a reasonable doubt that appellant had knowledge of or was willfully blind to a marijuana distribution operation. Because the government did not meet its burden of proving that appellant knowingly and voluntarily participated in the conspiracy, appellant's conviction was vacated with instructions for the district court to enter a judgment of acquittal.

About This Blog

The Federal Criminal Appeals Blog is published by The Kaiser Law Firm PLLC in Washington, DC. The Kaiser Law Firm represents people who have been charged with federal crimes, are under federal investigation, or have a federal criminal appeal.

If you'd like to speak with us, please call (202) 640-2850. Odds are we'd love to talk to you.

Topics:  Fraud, Identity Theft, Illegal Reentry, Jury Instructions, Marijuana, Sentencing, Sexual Assault

Published In: Criminal Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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