Archive | marijuana

Tuesday, April 5th, 2016

Second Circuit Updates – April 5, 2016

There were no opinions in criminal cases from the Circuit this day.  The Circuit issued a single summary affirmance in United States v. Miller, No.15-108-cr, where it rejected the defendant’s claim that his 144-month – but nevertheless below-Guidelines – sentence was substantively unreasonable.

United States v. Miller, No.15-108-cr:

Miller was convicted of a  drug distribution conspiracy ( 21 U.S.C. § 846)  involving a (b)(1)A)-quantity of drugs — i.e., 21 U.S.C. § 841.  The drugs were more than 1,000 kilograms of marijuana.  He committed the offense “while on supervised release from a prior conviction for cocaine trafficking and firearms possession.”  His sole contention on appeal, according to the Circuit, was that his 144-month prison sentence, which was a downward variance from a Guidelines range of 151 to 188 months, “was substantively unreasonable the because the only reasonable sentence is one at the statutory minimum of 120 months’ …

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Categories: guideline, marijuana

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Categories: guideline, marijuana

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Sunday, August 28th, 2011

Gone To Pot

United States v. Celaj, No. 10-2792-cr (2d Cir. August 22, 2011)(Miner, Cabranes, Straub, CJJ)

Din Celaj headed a crew that would rob – or try to rob – drug dealers. When successful, they would obtain drugs, which they would themselves sell, money and firearms.

He went to trial on several Hobbs Act robbery and associated 924(c) counts, was convicted, and received a 601-month sentence. On appeal, he made a sufficiency claim as to the jurisdictional element of the Hobbs Act counts where the goal was to steal marijuana. He did so despite entering into a stipulation at trial that “marijuana is grown outside of the state of New York and travels in interstate and foreign commerce to arrive in the New York City area.” The circuit affirmed.

The court began by surveying the area. In Parkes, see “Government Has No Evidence; Court Deems It Sufficient,” posted September 23, 2007, the …


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Categories: Hobbs Act, interstate commerce, marijuana, Uncategorized

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Sunday, September 23rd, 2007

Government Has No Evidence; Court Deems It Sufficient

United States v. Parkes, No. 05-1486-cr (2d Cir. August 15, 2007) (Jacobs, McLaughlin, Calabresi, CJJ).

In a sterling example of the alchemy of result-oriented jurisprudence, here the court finds sufficient evidence of an effect on interstate commerce, even though there was none.

Otis Parkes and two others planned and carried out 2003 robbery attempt in the apartment of a drug dealer. Their target was marijuana and marijuana proceeds that the dealer kept hidden in his closet. During the robbery, one of the co-conspirators shot and killed the drug dealer. Parkes went to trial on a Hobbs Act robbery conspiracy charge under 18 U.S.C. § 1951, along with other, related charges, including murder in furtherance of a crime of violence, under 18 U.S.C. § 924(j). He received a life sentence.

The government had taken the position (a typical SDNY overreach) that it did not have to prove any effect on interstate …


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Categories: Hobbs Act, interstate commerce, marijuana, sufficiency, Uncategorized

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