Please note that on May 12, 2026, the panel in Jimenez sua sponte amended its original opinion, issued February 25th. The amendments are significant, rendering irrelevant much of our February 27th blog post. A redline version of the amended opinion, indicating additions and deletions from the original, can be accessed here.
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
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
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
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
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
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
In United States v. Harry, No. 23-7106, — F.4th –, 2025 WL 732085 (2d Cir. March 7, 2025), the Second Circuit holds, as a matter of first impression in this Circuit, that setting up a pole camera to continuously monitor a building for 50 days is not a “search” for purposes of the Fourth Amendment—meaning … Read more
Richard Glossip, who was sentenced to death in Oklahoma State for a 1997 murder, has been granted a new trial by the Supreme Court, Glossip v. Oklahoma, 604 U.S. –, 2025 WL 594736 (Feb. 25, 2025). The Court’s opinion recounts some of the saga of Mr. Glossip’s case. Ten years ago, Mr. Glossip’s case first … Read more
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