ILNews

7th Circuit affirms Lake County official's sentence

Back to TopE-mailPrintBookmark and Share
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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT