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7th Circuit affirms Lake County official's sentence

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Indiana Lawyer Rehearing

The 7th Circuit Court of Appeals has upheld Robert Cantrell’s 78-month sentence for various convictions, including using his position in public office for kickbacks.

Cantrell, once a public official of North Township in Lake County, was indicted and charged with using his position to secure contracts for Addiction and Family Care Inc, a counseling company owned by an acquaintance. He would steer contracts there and received proceeds from the contracts.

He was found guilty of honest services fraud, using his position in public office to steer contracts to a third party in exchange for kickbacks, insurance fraud and filing false income taxes. On appeal, he challenged his four convictions on the honest services fraud counts on the grounds that 18 U.S.C. Section 1346 is unconstitutionally vague.

Relying on United States Supreme Court cases decided while Cantrell’s case was on appeal, including Skilling v. United States, 561 U.S. __ 2010 WL 2518587 (2010), the Circuit judges found Cantrell’s arrangement with Addiction and Family Care Inc. was clearly a kickback scheme, so Section 1346 applied to him.

Cantrell also challenged District Judge Rudy Lozano’s application of U.S.S.G. Section 2C1.1, claiming that Judge Lozano applied an incorrect guideline, and that he didn’t consider Cantrell’s arguments for leniency.

In United States of America v. Robert J. Cantrell, the Circuit judges reviewed his Section 2C1.1 argument for plain error, since he didn’t object to the guideline calculations at sentencing. Not only did Cantrell steal money from North Township, he used his position to steer contracts and was compensated for them. This is a kickback scheme under Section 1346 and therefore comes within the ambit of Section 2C1.1, wrote Judge Terence Evans.

The Circuit Court also found the District judge considered Cantrell’s arguments for leniency, including Cantrell’s age. Judge Lozano explained why the sentence was appropriate in light of Cantrell’s arguments, and there’s no evidence he committed procedural error or acted unreasonably in imposing a within-guideline sentence.
 

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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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