U. S. Supreme Court Happenings and Favorable Federal Circuit Opinions for the Week of September 23-27, 2024--

U. S. Supreme Court Happenings– Week ending September 27, 2024 –

The Court is currently in summer recess. The first conference of the new term will be on Monday, September 30, 2024. The new term will begin in October 7, 2024.

Favorable Federal Circuit Opinions for the Week of September 23-27, 2024 –

1st Circuit

United States v. DeQuattro, et. al., (23-1115)(1st Cir. September 27, 2024)– In 2020, a federal grand jury indicted David DeQuattro, an architect with Robinson Green Beretta Corp. ("RGB"), and Cedric Cromwell, Chairman of the Mashpee Wampanoag Tribal Council ("Council") and President of the Mashpee Wampanoag Gaming Authority ("Gaming Authority"). They were charged with various federal offenses based on Cromwell allegedly soliciting, and DeQuattro allegedly giving in return, checks and other things of value to protect a contract between RGB and the Gaming Authority to build a casino on Mashpee Wampanoag Tribeowned land. Following a jury trial in the United States District Court for the District of Massachusetts, DeQuattro was convicted of one count of federal-program bribery, in violation of 18 U.S.C. § 666(a)(2), while Cromwell was convicted of two counts of federal program bribery, in violation of 18 U.S.C. § 666(a)(1)(B). The jurors also found Cromwell guilty of three counts of Hobbs Act extortion and one count of conspiracy to commit Hobbs Act extortion. In these consolidated appeals, DeQuattro and Cromwell challenged their § 666 convictions, and the government challenged the judgment of acquittal. The Court reversed both the § 666 convictions and remanded for further proceedings.

2d Circuit

United States v. Aiello, et al., (18-3710)(2d Cir. September 23, 2024)– Defendants-appellants Steven Aiello, Joseph Gerardi, Louis Ciminelli, and Alain Kaloyeros appeal from judgments of the United States District Court for the Southern District of New York convicting them of wire fraud and wire fraud conspiracy. Aiello also appealed his conspiracy to commit honest-services wire fraud conviction, and Gerardi also appeals his false statement conviction. After we affirmed the judgments of the district court, Aiello, Gerardi, Ciminelli, and Kaloyeros petitioned the Supreme Court for review. After granting certiorari and issuing opinions in this case and the related case, see Ciminelli v. United States, 598 U.S. 306 (2023), and Percoco v. United States, 598 U.S. 319 (2023), the Supreme Court remanded for further proceedings. In light of those opinions, the Court vacated the convictions for wire fraud and wire fraud conspiracy, and vacated Aiello's conviction for conspiracy to commit honestservices wire fraud, and remanded for further proceedings.

5th Circuit

United States v. Ritchey, (No. 23-60468)(5th Cir. September 26, 2024)– Ritchey pled guilty of conspiracy to defraud the United States in connection with a scheme to overcharge the Department of Veterans Affairs (“VA”) for medical supplies during the pandemic. Ritchey’s 60-month prison sentence was based, in part, on the estimated fair market value (“FMV”) of the masks and other items he sold at inflated prices. On appeal, Ritchey contended the district court low-balled the FMV based on economically unrealistic benchmarks, such as pre-pandemic prices. If the court miscalculated the FMV, such an error could significantly affect the applicable Guidelines range. The district court found the total loss was $2,328,347.14. If the loss were, instead, between $550,000 and $1,500,000, the Guidelines range would reduce to 46–57 months. U.S.S.G. § 2B1.1(b). If it were between $250,000 and $550,000, the range would shrink further to 37–46 months. Accordingly, the Court agreed Ritchey and therefore vacated Ritchey’s sentence and remanded for resentencing.

11th Circuit

United States v. Holland, (No. 22-14219)(11th Cir. September 25, 2024)– This appeal is about an exclusion from the hearsay rule for the statements of a party’s coconspirators. The government accused the defendants of participating in an illegal healthcare kickback scheme and sought to introduce at trial out-of-court statements made by the defendants’ alleged coconspirators. But because the district court held that the government failed to prove that the defendants had the relevant mental state to make their conduct a crime, the district court refused to admit the statements. The district court erred. One need not show that a conspiracy was unlawful to introduce coconspirator statements. So long as those statements were made during and in furtherance of a joint venture that included an opposing party, the statements are admissible. Because the district court excluded the statements in this case based on an erroneous view of the law, the Court reversed and remanded.

Latest Bureau of Prison’s Statistics (From BOP Website):

Fair Sentencing/Retroactive Sentence Reductions 4,146 Orders Granted to date.
Elderly Offender Home Confinement 1,246. Approved to date.
First Step Act Releases 38,295 granted to date.
Compassionate Releases/Reduction in Sentences 4,756 granted to date.
Population in RRC’s 8,450.
Population in Home Confinement 4,837.

COMMENT:

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