ILNews

Former recorder's extortion convictions upheld

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The 7th Circuit Court of Appeals upheld a former Lake County Recorder's convictions of extortion, but remanded so that his sentence could be revised because the District Court placed too much weight on following the sentencing guidelines.

In United States of America v. Morris Carter, No. 06-2412, Morris Carter challenged his three convictions and sentence of 51 months of incarceration on extortion charges.

Carter was found guilty of violating the Hobbs Act, 18 U.S.C. Section 1951(a) while he was still county recorder. Carter helped Peter Livas, an FBI informant and owner of real estate rehab and development companies, obtain a list of sheriff's sales before anyone else and charged him $1,000.

Livas paid Carter $500 to get a Lake County contractor's license without having to pass the written test when the normal amount is $150 after passing the test. Livas also paid Carter $400 to have him purge a lien document on Livas' home.

At trial, Carter testified the money he received was a consulting retainer fee and that all other witnesses who testified against him were lying. Carter filed a motion for judgment of acquittal, arguing there was insufficient evidence to find his alleged conduct had affected interstate commerce, which was denied.

Sentencing guidelines ranged from 51 to 63 months and Carter's counsel argued he should be given a below guidelines sentence of 41 months because he had a long history of public service.

The U.S. District Court researched whether the court could depart from the sentencing guidelines because Carter worked in public office and found no basis for the departure. The court said without authority it was unwilling to depart from adherence to the guidelines.

The 7th Circuit found the depletion of assets theory in this case is dependent on whether the government provided sufficient evidence to show Livas' three Indiana-based corporations purchased items through interstate commerce.

Carter also appealed the government's line of questioning during his cross-examination, when he was asked whether each of the witnesses called by the government was lying.

The 7th Circuit found that the jury would have convicted Carter even without his testimony regarding other witnesses' credibility because of the U.S. District Court's curative instructions to the jury to decide whether the testimony of the witnesses is truthful in any part and what weight is given to each testimony, and the amount of video evidence against him.

Carter appealed his sentence, claiming the U.S. District Court erred by treating the guidelines as mandatory, especially in light of mitigating facts in his favor, the weak evidence supporting the enhancement for serving as a leader of the extortion, and his history in public service.

The U.S. District Court placed too much weight on the guidelines when considering Carter's sentence, wrote Judge Joel Flaum. The guidelines are one factor among those listed in 18 U.S.C. Section 3553(a), and regardless of whether other courts have previously recognized public service as a grounds for departure, sentencing courts are charged with considering the history and characteristics of the defendant, which includes public service.

Other factors of Section 3553(a) must also be balanced; the 7th Circuit remanded for resentencing so the U.S. District Court can make this determination with the guidelines being given appropriate post-Booker weight, he wrote.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT