Court Error – Jury Instructions

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7^th Circuit Court of Appeals

Case Name: United States of America v. Nicole C. Eason

Case No.: 16-2756

Officials: POSNER, EASTERBROOK, and MANION, Circuit Judges.

Focus: Court Error – Jury Instructions

Nicole Eason and her husband Calvin Eason were indicted on two counts of kidnapping (one for each child kidnapped), in violation of a federal statute that so far as relates to this case punishes “(a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when—(1) the person is willfully transported in interstate or foreign commerce.” 18 U.S.C. § 1201. The Easons were indicted in a third count of violating another federal statute, 18 U.S.C. § 2423(a), by transporting one of the children across state lines intending that the child “engage in … sexual activity” forbidden by Illinois law. Calvin Eason pleaded guilty to all three counts; Nicole went to trial and the jury convicted her of all counts as well. The judge sentenced each defendant to 20 years in prison on each of the kidnapping counts and 40 years on the transportation-for-sexual-activity count, the sentences to run concurrently, making the total sentence for each defendant 40 years. There is no challenge to the sentences, and only Nicole has appealed the conviction.

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.