Gavelocity
Daily slip-opinion summaries for practicing attorneys Updated weekday mornings · 10:30 CT

Seventh Circuit — U.S. Court of Appeals

19 opinions this month Criminal
Yesterday — Monday, August 17, 2026 1 opinion
Slip opinion No. 24-2913

Derek Fields v USA, 24-2913

U.S. Court of Appeals, Seventh Circuit Criminal Habeas Corpus

  • Seventh Circuit affirms denial of § 2255 relief where movant's own prior statements foreclosed showing he would have accepted a plea offer.
  • Court assumed deficient plea advice but held Strickland prejudice failed absent proof movant would have gotten a lower sentence.
  • Useful for federal criminal defense and habeas practitioners litigating ineffective-assistance claims tied to rejected or mishandled plea offers.
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Friday, August 14, 2026 1 opinion
Slip opinion No. 25-2428

Irma Herrera v USA, 25-2428

U.S. Court of Appeals, Seventh Circuit Criminal General

  • New opinion from U.S. Court of Appeals, Seventh Circuit
  • Case decided on 2026-08-14
  • See full opinion for details
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Thursday, August 13, 2026 2 opinions
Slip opinion No. 25-2118

USA v Jerid Hinz, 25-2118

U.S. Court of Appeals, Seventh Circuit Criminal Federal Sentencing

  • Seventh Circuit affirms revocation sentence, finding record shows court disregarded unproven gun/violence allegations at sentencing
  • Court holds sentencing judge cannot impose post-confinement registration conditions absent an actual term of supervised release
  • Useful for federal criminal defense and sentencing attorneys challenging due process violations or ultra vires supervised release conditions
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Wednesday, August 12, 2026 2 opinions
Slip opinion No. 24-2231

USA v Daniel Betty, 24-2231

U.S. Court of Appeals, Seventh Circuit Criminal General

  • New opinion from U.S. Court of Appeals, Seventh Circuit
  • Case decided on 2026-08-12
  • See full opinion for details
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Tuesday, August 11, 2026 1 opinion
Slip opinion No. 23-3374

USA v Johntavis Matlock, 23-3374

U.S. Court of Appeals, Seventh Circuit Criminal Drug Crimes

  • Seventh Circuit affirms § 841(b)(1)(C) conviction, finding sufficient evidence of 'but-for' causation under Burrage despite absence of toxicology testing.
  • Presence of other drugs or health conditions does not defeat but-for causation where defendant's drug was 'the straw that broke the camel's back.'
  • Useful for drug-crime defense and prosecution attorneys litigating causation elements in overdose-related distribution cases under 21 U.S.C. § 841.
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Friday, August 7, 2026 11 opinions
Slip opinion No. 25-1691

USA v Shawn Pena, 25-1691

U.S. Court of Appeals, Seventh Circuit Criminal Federal Sentencing

  • Seventh Circuit affirms 24-month revocation sentence, exceeding joint recommendation, based on permissible deterrence and public safety concerns
  • Standard supervised release condition requiring notification of 'risks' to third parties held unconstitutionally vague and remanded for revision
  • Useful for federal criminal defense and appellate attorneys handling supervised release revocations, plea agreement breach claims, and vagueness challenges to release conditions
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Slip opinion No. 24-1822

USA v Thomas Duncan, 24-1822

U.S. Court of Appeals, Seventh Circuit Criminal General

  • New opinion from U.S. Court of Appeals, Seventh Circuit
  • Case decided on 2026-08-07
  • See full opinion for details
Full summary → PDF ↗
Slip opinion No. 24-2236

USA v Shradha Agarwal, 24-2236

U.S. Court of Appeals, Seventh Circuit Criminal White Collar Crime

  • Seventh Circuit affirms fraud convictions, holding untimely Sixth Amendment asset-restraint challenges require plain-error review with defendant's burden of proof.
  • Court finds harmless error in admitting witnesses' grand jury testimony under FRE 801(d)(1)(B) despite improper failure to tailor statements predating fabrication motives.
  • Essential reading for white-collar defense counsel on pretrial asset freezes, counsel-of-choice challenges, and preserving evidentiary objections to grand jury testimony.
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Slip opinion No. 24-2744

USA v Damond Wiley, Jr., 24-2744

U.S. Court of Appeals, Seventh Circuit Criminal Criminal Procedure

  • Seventh Circuit holds visible tinted windows alone establish reasonable suspicion for a traffic stop, regardless of officers' inconsistent stated reasons
  • Brief warrantless opening of a car door to retrieve a firearm in plain view was a lawful protective search under Terry/Long/Buie given suspect's flight and safety concerns
  • Useful for criminal defense and Fourth Amendment practitioners litigating suppression motions involving traffic stops, protective vehicle searches, or requests for evidentiary hearings
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Slip opinion No. 23-3198

USA v Terry Ferguson, 23-3198

U.S. Court of Appeals, Seventh Circuit Criminal Federal Sentencing

  • Seventh Circuit holds no actual attorney conflict existed years after a stale, unconfirmed investigation into defense counsel's conduct
  • Court reaffirms that § 2255 conflict-of-interest claims require proof of adverse effect on performance, not mere speculation about alternative strategies
  • Useful for federal criminal defense attorneys handling § 2255 ineffective assistance claims and appellate waiver enforcement issues
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Slip opinion No. 25-2081

Terry Ferguson v USA, 25-2081

U.S. Court of Appeals, Seventh Circuit Criminal Criminal Procedure

  • Seventh Circuit affirms denial of § 2255 relief: no actual conflict of interest existed, and even assuming one, it caused no adverse effect on counsel's performance.
  • Appellate waiver in plea agreement barred challenge to denial of motions to dismiss for selective/vindictive prosecution, since those claims fell outside the narrow carve-out for plea validity and sentencing.
  • Useful for criminal defense and habeas practitioners litigating attorney conflict-of-interest claims under § 2255 and for drafting/enforcing appellate waivers in plea agreements.
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Tuesday, August 4, 2026 1 opinion
Slip opinion No. 26-1114

Sidney Upchurch v USA, 26-1114

U.S. Court of Appeals, Seventh Circuit Criminal Habeas Corpus

  • Seventh Circuit reaffirms that § 2244(b)(3)(E)'s rehearing bar applies to federal prisoners via § 2255(h), barring rehearing petitions on successive motion denials.
  • Bowe v. United States' holding on the certiorari bar does not extend to the rehearing bar, which remains non-jurisdictional but still enforceable under existing precedent.
  • Essential for federal habeas/§ 2255 practitioners advising prisoners on successive petition strategy and the finality of gatekeeping decisions on second or successive motions.
Full summary → PDF ↗