United States v. Joel T. Morris
681 F. App'x 846
| 11th Cir. | 2017Background
- Reese and Morris pleaded guilty to one count of honest-services mail fraud (18 U.S.C. § 1341).
- Reese received an 84-month sentence and Morris a 20-month sentence, both below the Guidelines range.
- Sentencing relied on U.S.S.G. § 2C1.1 (offenses involving public‑official honest‑services fraud) rather than § 2B1.1 (general fraud).
- Indictment and plea agreements alleged the defendants used their official Transit Authority positions to rig contracts in exchange for payments.
- The district court found the Chatham Area Transit Authority was a public entity and that the defendants were public officials under § 2C1.1 application notes.
- Defendants appealed, arguing the court erred in applying § 2C1.1 and in treating them as “public officials.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate Guidelines section for § 1341 conviction | Gov't: § 2C1.1 applies because scheme deprived citizens of honest services of public officials | Reese/Morris: § 2B1.1 should apply (general fraud), not § 2C1.1 | Court: § 2C1.1 appropriate given indictment, plea language, and commentary favoring § 2C1.1 for government‑influence fraud |
| Whether defendants were “public officials” under § 2C1.1 | Gov't: application notes define public official broadly to include government officers/employees | Reese/Morris: as Transit Authority employees they are not public officials for § 2C1.1 purposes | Court: Not clear error to find Transit Authority is a public entity and defendants were public officials; § 2C1.1 applies |
Key Cases Cited
- United States v. Ford, 784 F.3d 1386 (11th Cir. 2015) (standard of review: de novo for Guidelines interpretation; factual findings reviewed for clear error)