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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. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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