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7th Circuit affirms kidnapping and extortion convictions, sentence

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Finding no error in the admittance of three photo identifications of a defendant following charges of kidnapping and extortion, the 7th Circuit Court of Appeals upheld Lamar Sanders’ convictions and 25-year sentence Thursday.

In United States of America v. Lamar E. Sanders, 11-3298, Sanders argued that the District Court denied him due process by admitting Timicka Nobles’ three identifications of him. Sanders claimed that the District Court ran afoul of the Confrontation Clause, or, alternatively, abused its discretion, by limiting his cross-examination of Nobles. Finally, Sanders contends that the District Court applied the incorrect mandatory minimum sentence.

Sanders and Ralph Scott forced their way into Nobles’ apartment, kidnapped her 10-year-old daughter, and forced Nobles to drive to her mother’s currency exchange store in Chicago. There, she took money out of the store’s safe and placed it in a plastic bag on her car’s front seat, where Sanders then removed it. She was able to notify her mother of the plot, who then alerted police. Scott was arrested at the scene and Sanders turned himself in shortly thereafter.

Nobles was shown a photo at the scene found in Sanders’ car of him at a birthday party; two hours later she was shown a formal photo array. She also identified Sanders in court. The daughter, who did not see the birthday party photos, also identified Sanders as her kidnapper.

Two mandatory minimum sentences apply to kidnapping – 20 years or 25 years. The District Court imposed the higher penalty.

The 7th Circuit upheld the admission of Nobles’ identifications of Sanders in a 33-page decision, finding any errors to be harmless because the government’s evidence was strong and Sanders’ case was weak.

The District Court did not allow Sanders’ to probe the details of Nobles’ criminal past, including that her previous convictions of theft and forgery involved a currency exchange.

“Sanders presented the jury with his entire theory of Nobles’s motive to lie. The fact that the prior convictions involved crimes at another currency exchange would not have given the jury any further material information in appraising her credibility,” Judge Michael Kanne wrote. “The jury might not have possessed all the information Sanders wanted it to have, but it certainly had sufficient information to evaluate Nobles’s testimony.”

The judges also believed that Congress intended for the 25-year minimum sentence for kidnapping to apply, as that minimum was passed after the 20-year minimum sentence was in place.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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