United States v. Susan Harris
2014 U.S. App. LEXIS 15929
7th Cir.2014Background
- Harris was charged with conspiracy to commit mail fraud under 18 U.S.C. § 1349 and aggravated identity theft under 18 U.S.C. § 1028A for stealing patients’ identities with Drummond.
- Drummond testified she and Harris caused ten credit-card applications using stolen patient information.
- During voir dire the district judge stated he would refer to jurors by numbers to protect privacy.
- Government requested to supplement the record after trial with affidavits stating jurors were not anonymous and a blank juror questionnaire.
- The district court granted the motion to supplement; Harris challenged this on appeal; court concluded the jury was not anonymous and affirmed the conviction.
- The panel ultimately held Harris failed to prove plain error and affirmed the district court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court empaneled an anonymous jury. | Harris: jury was anonymous; deprived due process. | Government: no anonymous jury; record insufficient. | Not anonymous; no plain error. |
| Whether withholding jurors’ identifying information from parties was required to deem jury anonymous. | Harris: required to withhold names from parties. | Government: withholding from parties necessary for anonymity. | Withholding juror names from parties is necessary; not satisfied here. |
| Whether the district court properly admitted supplemental materials to the record. | Harris: supplements were improperly admitted. | Government: supplements proper. | Suppl. materials not necessary to determine anonymity; record supports non-anonymity. |
Key Cases Cited
- United States v. Mansoori, 304 F.3d 635 (7th Cir. 2002) (anonymous jury analysis requires withholding jurors’ identifying information when needed for protection of due process)
- United States v. Morales, 655 F.3d 608 (7th Cir. 2011) (juror anonymity concerns reviewed; district court should explain reasons on the record)
- United States v. Crockett, 979 F.2d 1024 (7th Cir. 1992) (definition and implications of anonymous jury in the Seventh Circuit)
- United States v. Wecht, 537 F.3d 222 (3d Cir. 2011) (commentary on secretive juror information approaches; not controlling here)
- United States v. Blagojevich, 612 F.3d 558 (7th Cir. 2010) (distinction between confidential and anonymous juries; access to courts considerations)
- United States v. Benabe, 654 F.3d 753 (7th Cir. 2011) (withholding identifying information from parties; related anonymity analysis)
- United States v. White, 698 F.3d 1005 (7th Cir. 2012) (precedent on withholding names and addresses in anonymous juries)