Notable Decisions from the Seventh Circuit from the Month of October

Although we know that this blog is “wisconsinappeals.net” we also acknowledge that many of our readers might also practice in Wisconsin’s federal courts, or have a general interest in developments from the Seventh Circuit. To that end, the blog is trying out a new feature, one in which we use our editorial special sauce to bring you capsule summaries of those Seventh Circuit decisions we found interesting, and potentially relevant to your practice. We hope you enjoy!

• USA v. Darlene Fieste, No. 23-1739: For those state court litigators who are currently working on involuntary medication issues, the Seventh Circuit’s jurisprudence in this area is noteworthy for the thoroughness of analysis and careful application of the Sell factors. Here, the defendant fails to persuade the Court that the district court was wrong to conclude that application of those factors to this case warranted the pretrial administration of involuntary medication. However, the latter portion of the decision contains a defense win, as Fieste persuaded the Court that the district court erred when it permitted medication without placing sufficient constraints on the specific medications and their dosages. Just because the State is permitted to medicate, they don’t get a blank check. If you have one of these cases, the lengthy discussion of the case law on this requirement may have some nuggets that are useful for your state court litigation.
• USA v. John Pacilio and Edward Bases, Nos. 23-1528 & 23-1530: While readers of this blog who are primarily involved in indigent defense may have no frame of reference for the sophisticated white collar criminality discussed in this appeal, this case presents a bevy of interesting issues including a challenge to the constitutionality of the underlying conviction as well as an interesting evidentiary challenge, wherein experts were functionally allowed to testify that the defendant’s conduct was, in fact, unlawful.
• USA v. Jazz Price, No. 22-2061: This defense loss is worth pointing out because it originates from Wisconsin’s Western District and involves a novel sentencing challenge–whether the district court adequately considered this transgender litigant’s “unique vulnerability” in a prison environment. While Price does not succeed in her challenge, the Seventh Circuit’s opinion does contain helpful language which suggests that it least acknowledges the unique risks posed to transgender individuals in prison environments.