Federal Defenders of New York Second Circuit Blog

Can a trial court determine on its own what evidence satisfies a jury’s generalized request to view exhibits or testimony “link[ing]” the defendant to an inculpatory alias?

by

United States v. Fabian, No. 22-1247-cr (2d Cir. Mar. 25, 2026) (Livingston, Lynch (writing), Menashi, Circuit Judges The Second Circuit affirmed Fabian’s conviction and 15-year sentence for conspiring to distribute crack cocaine. Fabian raised a host of challenges to his conviction and sentence, but the panel placed at “the forefront of this appeal” the district … Read more

Second Circuit reaffirms that confronting defendant with evidence of guilt can “create the kind of atmosphere of significant restraint that triggers Miranda.”

by

United States v. Pence, No. 24-1025-cr (2d Cir. Apr. 10, 2026) (Cabranes, Chin (writing), Robinson, Circuit Judges). In a decision the panel described as “a close call,” the Second Circuit affirmed the district court’s denial of Pence’s motion to suppress statements he made to agents before they gave Miranda warnings. In an opinion by Judge … Read more

Circuit affirms supervised-release condition authorizing suspicionless monitoring of defendant’s internet use

by

In United States v. Brown, No. 24-1227 (2d Cir. Apr. 21, 2026), the Circuit (by Judge Sullivan, joined by Judges Wesley and Park) affirmed the district court’s imposition of a special condition of supervised release authorizing the probation office to conduct constant, suspicionless monitoring of “all activity” on internet-capable devices used by Brown, including those … Read more

United States v. Ullah, No. 21-1058 (2d Cir. Apr. 21, 2026) (Pérez, J., joined by Rakoff, J., sitting by designation; Menashi, J., dissenting)

by

The Second Circuit reversed a material support conviction under 18 U.S.C. § 2339B where a lone-wolf attacker discharged an explosive after consuming ISIS propaganda online, adopting ISIS slogans, and telling investigators he acted “on behalf of the Islamic State” – but having no actual connection to or relationship with ISIS. On this evidence, the majority … Read more

Circuit Considers, Once Again, an Electronic Search Condition . . .

by

This week in United States v. Jimenez, No. 24-1661 (2d Cir. Feb. 25, 2026) (Pérez, J.), the Circuit affirmed a 105-month sentence and three special conditions of supervised release. Although Jimenez (represented by this Office) did not prevail, the opinion contains significant pro-defense language useful for objecting to or challenging electronic search conditions. I. The … Read more

Objecting to evidence does not preserve the objection, according to the Second Circuit

by

In United States v. Stephen Buyer, No. 23-7202 (2d Cir. Mar. 19, 2025), the Second Circuit upholds the defendant’s trial convictions for securities fraud. This is a dense summary order, but let’s start with the ruling that jumps out. At trial, defendant objected to admission of a Cellebrite forensic cellphone report. The analyst who actually … Read more

Supreme Court takes Second Circuit case to decide if defendants can be constitutionally punished under both § 924(c) and § 924(j)

by

The Supreme Court has granted certiorari in Barrett v. United States, No. 24-5774, to decide if the Double Jeopardy Clause permits a court to impose separate sentences for an act that violates both 18 U.S.C. § 924(c) and § 924(j). The petition is available here. Section 924(c)(1)(A) is violated if someone, “during and in relation … Read more

Circuit overturns Nassau County Executive’s bribery convictions, but affirms his honest-services fraud convictions

by

In United States v. Linda Mangano and Edward Mangano, 2d Cir. No. 22-861 (L) (Feb. 13, 2025), the Court upheld the defendants’ convictions for honest-services fraud and obstruction of justice, but vacates Edward Mangano’s bribery-related convictions. We focus on that aspect of Judge Livingston’s thorough opinion. Edward Mangano was the County Executive of Nassau County … Read more