ILNews

Former recorder's extortion convictions upheld

Jennifer Nelson
January 1, 2008
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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.
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  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

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