Author Archive | Darrell Fields

 Today’s published decision,  JAVEL TAYLOR  v. UNITED  STATES No. 15-827  (Opinion of May 13, 2016)(Katzmann, Chief Judge, Cabranes, Circuit Judge, and Kaplan, District Judge), is addressed to how appointed appellate counsel should advise clients about  seeking rehearing and rehearing en banc from an adverse decision in their case.  Addressing  an issue of first impression for this Circuit, the Court holds that,  under the Criminal Justice Act (“CJA”), 18 U.S.C. §3006A,  indigent defendants have the right to the assistance of counsel in filing petitions for rehearing and for rehearing en banc with the Circuit.  And this right triggers a set of obligations for CJA counsel on appeal.

The case arises from a pro se  petition, under 28 U.S.C.§2255, where Javel Taylor alleged that he did not learn of the Circuit’s decision affirming his conviction and (84-month) sentence, until one month after the decision, and was thereby denied …

No published opinions today, only two summary orders: a direct appeal and a collateral (§2255) challenge.

UNITED STATES v. JAMES PASS, No. 15-1446-CR (Summary Order of April 15,  2016)(Kearse, Cabranes, and Chin).  This summary affirmance is interesting for the Circuit’s  criticisms of how the  judge conducted this sentencing in the E.D.N.Y.

Defendant Pass claims three categories of errors occurred at his E.D.N.Y. sentencing.  He claims the district court  (1) committed several procedural errors; (2) erroneously allowed him to proceed pro se; and (3) abused its discretion in refusing to adjourn the sentencing. Although the Circuit affirmed the top-of-the-range 71-month sentence (for a felon-in-possession conviction),  it expressed concern about the judge’s handling of the sentencing.

1. Procedural reasonableness of the sentencing.  The defendant claims that the judge failed a) to calculate the Guidelines range; b) to rule on objections to the presentence report;  c) to consider the statutory sentencing