United States v. Davis, No. 21-1854 (7th Cir. 2022)
Annotate this Case
Davis operated a "Ponzi" scheme. His victims lost $5 million. Davis was charged with mail and wire fraud, aggravated identity theft, and engaging in monetary transactions in property derived from unlawful activity. Because of the pandemic, non-emergent proceedings, including Davis’ trial, were continued. Parties could request plea hearings held by video or telephone conference under the 2020 CARES Act. The parties negotiated a plea agreement. During a status hearing, Davis’ attorney agreed to conduct a plea hearing by telephone. Davis, telephonically present, did not object. The plea hearing was reset several times; each order indicated that the hearing would proceed telephonically. Davis never objected.
At the January 2021 telephonic plea hearing, Davis was present in his lawyer’s office and spoke. The court confirmed that Davis agreed to hold the hearing telephonically. Davis pleaded guilty to mail fraud and signed a plea agreement that included an appellate waiver. The court expressed willingness to hold the sentencing hearing in person. At the sentencing hearing, which proceeded by videoconference, Davis stated that he had agreed to videoconference sentencing. The court sentenced Davis to 160 months imprisonment and to pay $7,171,085 in restitution.
The Seventh Circuit dismissed an appeal that argued that the district court erred by holding the plea hearing by telephone. Davis waived his right to appeal all errors, including any errors in the application of the CARES Act, in his plea agreement and in the district court.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.