Weekly Case Digests March 21, 2022 - March 25, 2022.

• Author: Benedict, Rick

Byline: Rick Benedict

7th Circuit Digests

7th Circuit Court of Appeals

Case Name: Dana Ludwig v. United States of America

Case No.: 21-1205

Officials: FLAUM, ST. EVE, and KIRSCH, Circuit Judges.

Focus: Recreational Immunity

After Brent Ludwig drowned in a tragic accident on United States Forest Service property in Oregon, Dana Ludwig, his wife and administrator of his estate, brought an action against the United States under the Federal Tort Claims Act. Dana Ludwig sought damages for both negligence and wrongful death. The district court granted summary judgment for the United States on the basis that Oregon's recreational use statute protected the government from suit. Dana Ludwig argues on appeal that the district court's application of Oregon law was erroneous. We agree with the district court and affirm.

Affirmed

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7th Circuit Court of Appeals

Case Name: United States of America v. Sultan Issa

Case No.: 20-2949

Officials: ROVNER, HAMILTON, and KIRSCH, Circuit Judges.

Focus: Sentencing Guidelines Enhancement

Sultan Issa embezzled tens of millions of dollars, pled guilty, and was sentenced to a below Guidelines 200 months in prison. He now appeals his sentence, claiming that the district court violated his due process rights by erroneously admitting and relying upon sentencing submissions from victims of his crimes. He also claims that the district court erroneously applied a vulnerable victim enhancement. Finding no errors, we affirm.

Affirmed

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7th Circuit Court of Appeals

Case Name: United States of America v. Ronnie Martin

Case No.: 21-1527

Officials: KANNE, ROVNER, HAMILTON, Circuit Judges.

Focus: First Step Act Compassionate Release

Ronnie Martin was sentenced to 43 months' imprisonment for possessing heroin with the intent to distribute. 21 U.S.C. 841(a)(1). With his direct appeal of his sentence pending, Martin moved for compassionate release under 18 U.S.C. 3582(c)(1)(A)(i), raising arguments available on direct appeal. The district court denied the motion. Because Martin shows no "extraordinary and compelling" reason for release, we affirm.

Affirmed

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7th Circuit Court of Appeals

Case Name: Sylvia Leszanczuk v. Carrington Mortgage Services, LLC,

Case No.: 21-1367

Officials: SYKES, Chief Judge, and KANNE and HAMILTON, Circuit Judges.

Focus: Illinois Consumer Fraud and Deceptive Business Practices Act Violation

After Sylvia Leszanczuk defaulted on her mortgage, her mortgage servicer, Carrington Mortgage Services, inspected her residence and charged her a $20.00 fee for the inspection. Leszanczuk brought a putative class action against Carrington, alleging that the fee constituted a breach of her mortgage contract under Illinois law and violated the Illinois Consumer Fraud and Deceptive Business Practices Act ("ICFA"). The district court dismissed her second amended complaint with prejudice for failure to state plausible claims. We affirm.

Affirmed

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7th Circuit Court of Appeals

Case Name: United States of America v. Nathan Mansfield

Case No.: 20-2981

Officials: KANNE, BRENNAN, and KIRSCH, Circuit Judges.

Focus: De Novo Review Sentencing Guidelines

Nathan Mansfield was convicted of possession with intent to distribute methamphetamine and sentenced to 188 months in prison. He now argues the district court erred by considering his arrest history during sentencing. But Mansfield waived this challenge when his counsel did not object to the district court's consideration of the presentence investigation report or its contents. Even if this point was not waived, a substantial history of arrests, especially if they are similar to the offense of conviction, can be a reliable factor to consider at sentencing. We therefore conclude the district court did not err when it reviewed Mansfield's arrest history.

Affirmed

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7th Circuit Court of Appeals

Case Name: Samuel Wegbreit, et al., v. Commissioner of Internal Revenue

Case No.: 20-1306

Officials: SYKES, Chief Judge, and BRENNAN and ST. EVE, Circuit Judges.

Focus: Frivolous Appeal Sanctions

Samuel and Elizabeth Wegbreit sheltered several million dollars of income in a life-insurance policy held by a sham trust. The IRS caught on to the Wegbreits' scheme and issued a deficiency notice showing that they owed millions in back taxes. The Wegbreits challenged the notice in the tax court. After discovery revealed a series of suspicious documents and transactions relating to the Wegbreits' finances, the IRS added civil fraud allegations. The tax court agreed with the IRS, finding that the Wegbreits underreported their income by nearly $15 million and engaged in a pattern of conduct intended to defraud the government.

We affirm. The Wegbreits' rambling brief spans 78 pages yet somehow develops only two coherent arguments remotely related to the tax court's decision. And those two arguments are baseless: the Wegbreits stipulated them away in the tax court. We therefore order John E. Rogers, the Wegbreits' attorney, to show cause why he should not be sanctioned under Rule 38 for filing this frivolous appeal.

Affirmed

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7th Circuit Court of Appeals

Case Name: Michael Gilbreath v. Dan Winkleski, Warden

Case No.: 20-2638

Officials: KANNE, ROVNER, and HAMILTON, Circuit Judges.

Focus: Habeas Relief Ineffective Assistance of Counsel

Michael Gilbreath was convicted by a Wisconsin jury of first degree sexual assault of a child for repeatedly molesting his step-granddaughter, S.L., beginning in approximately 2002 or 2003 when she was nine years old, and ending in 2006 when she was twelve. The district court granted his petition for a writ of habeas corpus on the basis of ineffective assistance of counsel. We reverse.

Reversed

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WI Court of Appeals Digests

WI Court of Appeals District III

Case Name: State of Wisconsin v. Vernon K. Sommerfeldt

Case No.: 2019AP1602-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Ineffective Assistance of Counsel

Vernon Sommerfeldt appeals from a judgment of conviction for second-degree sexual assault and an order denying him postconviction relief. Sommerfeldt claims that his trial counsel was ineffective in several respects. We reject his arguments and affirm.

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