Eastern District of California Blog

Recent Ninth Circuit decisions in EDCA cases

Here are three recent Ninth Circuit decisions in appeals from EDCA convictions after jury trials:

1) Matthew Keys's conviction and sentence were affirmed yesterday here;

2) Charles and Jeremy Michael Head's convictions and sentences in their rescue mortgage fraud case were affirmed today here;

3) Erik Green's mortgage fraud conviction was reversed last Thursday for failing to allow the defendant's expert testimony here.

Also a reversal of an EDCA denial of SSI benefits here.

And another reversal of an EDCA order remanding a case to California state court for lack of jurisdiction under the Class Action Fairness Act here.

In Remembrance of Candace Frye

Sacramento criminal defense attorney Candace Frye's father donated to the Federal Defender's Office one of her paintings depicting a view of the defense's role in the criminal justice system.  In lieu of any memorial service, a gofundme page has been set up where you can donate in her memory to one of her favorities, the Southside ArtCenter.  

Matthew Keyes Ninth Circuit Oral Argument

On June 13, 2017, the Ninth Circuit heard oral argument in the EDCA Matthew Keys case.  Panel consists of Ninth Circuit Judges Patricia Schroeder and N.R. Smith with visiting SDCA district judge Anthony J. Battaglia.  As all Ninth Circuit arguments are now streamed lived and archived on youtube, you can watch the argument here.  

Well-Respected, Hard-Fighting Fresno Defense Attorney Exonerated; Plans Defamation Suit

Fresno attorney Anthony “Tony” Capozzi plans to file a defamation lawsuit against the Fresno County Sheriff’s Office for issuing a news release that said he was under investigation, but never explained why he was in trouble.

Fresno attorney Kevin Little, who represents Capozzi, contends the Oct. 12 news release damaged Capozzi’s reputation as a criminal defense lawyer and prominent figure in California’s legal community. The news release, Little said, also caused emotional distress for Capozzi and his wife, Paula, and caused Capozzi to lose clients and other economic opportunities.

In February, four months after the news release was made public, the Sheriff’s Office revealed for the first time that Capozzi was under investigation for allegedly taking contraband to a client in the Fresno County Jail. But the Sheriff’s Office also said it would not recommend the filing of smuggling charges against Capozzi.

Fresno Bee, 6/6/17

RIP Candace Frye

Sad news.  Long-time local criminal defense attorney and CJA panel member Candace Frye passed away on May 23, 2017, after a bout with cancer.  She was known for her devotion to her clients and passionate advocacy.  In lieu of services, you may honor her life through a donation to Southside Art Center (www.southsideartcenter.com) or WEAVE (www.weaveinc.org).  RIP Candace.

EDCA Court Sentences Man Convicted of Making Harassing Phone Calls to Probation

The Sac Bee, 5/19/17 reports that Judge Burrell rejected prosecutors' request for a prison sentence and instead sentenced Kulwant Singh "Ken" Sandhu to probation after a jury convicted him for making thousands of harassing phone calls to regulatory workers in Washington D.C. about Netflix.

It's rare that a defendant gets probation after a federal jury trial.

Former Fresno Police Deputy Chief Found Guilty of Drug-Trafficking Crimes

While I was away on vacation, a Fresno federal jury found former Fresno Police Deputy Chief Keith Foster guilty of conspiring to distribute heroin and marijuana but hung on six other drug charges, according to the Sac Bee, 5/23/17.  He was allowed free on bail pending sentencing.  Hearing set for July 10 for prosecution to decide whether to retry Foster on the hung counts, but I don't see that happening.