Cantrell's appeals apparently run out
Post-Tribune (IN)
November 19, 2010
Former North Calumet Township Trustee Robert Cantrell will not get another chance to argue his case before the 7th U.S. Circuit Court of Appeals.
The appeals court had already turned down his appeal in August, siding with a federal jury who found him guilty of receiving kickbacks from an addictions program in exchange for giving the program one of the township's contracts.
Cantrell, 69, then filed to have another hearing, arguing that the appeals court decision went against a recent U.S. Supreme Court ruling. That decision said honest services charges could only be pressed when someone had received a kickback or a bribe.
U.S. prosecutors argued that evidence showed Cantrell had indeed received a kickback.
However, Cantrell argued the conviction was based on undisclosed self-dealing and conflict of interest, both of which the U.S. Supreme Court said could
no longer be part of honest service fraud charges.The motion says the federal government argued Cantrell didn't publicize he had made a profit from a government contract, which is allowed, and that U.S. District Judge Rudy Lozano did not tell the jury the government had to prove Cantrell had received a kickback or bribe.
The appeals court ruled against a new hearing, though, according to an order filed last week. It did not offer an explanation of the finding.
Cantrell is serving a six-year prison sentence for his conviction and is scheduled to be released January 2015.
His attorney Daniel Rubinstein said he had no comment and would not say if he planned on filing any other motion in the case.
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