Opinions July 2, 2025
7th Circuit Court of Appeals
United States of America v. Brian Fenner and Dennis Birkley
23-2177 & 24-1089
Criminal. Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young. Affirms the district court’s sentencing of Brian Fenner and Dennis Birkley to 70 months and 60 months in prison, respectively, and the court’s order to pay $49,045.84 in restitution jointly and severally. Finds the district did not abuse its discretion in the evidentiary rulings it was asked to make. Also finds the district court did not make multiple errors at trial and rejects Fenner and Birkley’s cumulative error argument. Attorneys for appellants: Eric Nitz, Joshua Moudy, Walter Howes IV. Attorneys for appellee: Kathyrn Olivier, Brian Reitz.