United States Sixth Circuit

Convictions and sentences of defendants-correctional officers' for conspiracy to violate an inmate's civil rights in violation of 18 U.S.C. sections 241 and 242 and making false entry in violation of 18 U.S.C. section 1519, arising from an inmate being beaten and raped by other inmates as a result of defendants' decision to scare an inmate by placing him in a general population jail cell, are affirmed where: 1) defendants failed to show that there was an unconstitutional jury error; 2) district court did not commit plain error in limiting defendants' cross-examination of a witness; 3) sufficient evidence supported defendants' convictions as they took affirmative steps to place the inmate in harm, and thus violated both statutes, plus they falsified records; 4) a sexual assault enhancement is affirmed; 5) defendant's sentence is affirmed as his actions were deliberately indifferent, and after the rape, he was an active participant in the cover-up of the crime; 6) district court properly held that no Brady violation occurred; 7) district court's application of the 2002 Guidelines to defendants' sentences is affirmed; and 8) district court's decision not to apply the leader or organizer enhancement to a defendant's sentence was not a legal error.

Appellate Information

• Argued 03/05/2010
• Decided 08/24/2010
• Published 08/24/2010

Judges

• KEITH

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Martin S. Pinales, Conor B. Dugan