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Sentencing – Reversible Error

By: Derek Hawkins//January 9, 2017//

Sentencing – Reversible Error

By: Derek Hawkins//January 9, 2017//

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7th Circuit Court of Appeals

Case Name: United States of America v. Michael Davis

Case No.: 15-3671

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

Focus: Sentencing – Reversible Error

In June 2012, defendant Michael “Mickey” Davis made a $300,000 start-up loan to Ideal Motors, Inc., a car dealership in Melrose Park, Illinois, owned by R.J. Serpico and his father Joseph Serpico. Within a matter of months, Joseph had gambled the money away and Ideal Motors had fallen deep in arrears. The following summer, a man named “Mickey” conspired to have R.J. Serpico’s legs broken. Though the scheme was never carried out, defendant Davis was eventually convicted at trial of attempted extortion and using extortionate means to collect a loan. Davis has appealed, raising five issues. The first is whether the district court erred by admitting against Davis the out-of-court statements by several people involved in the conspiracy to hurt Serpico. The second is whether the district court abused its discretion in allowing the prosecutors to impeach the testimony of a key prosecution witness with his prior inconsistent statements to government agents. Those two issues are substantial, but we find no reversible error. Davis raises three other issues concerning witness immunity, the scope of cross-examination, and the government’s closing argument. Those issues also provide no grounds for setting aside the convictions. We affirm Davis’s convictions and sentence.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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