Matt Larsen Per the Second Circuit’s ruling today in United-States-v.-Poller (Parker, Bianco, Nardini), police may use a smartphone’s camera application to search inside a car with tinted windows without getting a warrant. Officers in Waterbury, CT, observed Christopher Poller possibly dealing drugs from his car. After he left the car, they approached and tried to open a door … Read more
In yesterday’s United States v. Pastore, the Circuit (Walker, Sullivan, Nathan, C.JJ.) held attempted murder in aid of racketeering – specifically, attempted New York murder – is a “crime of violence” under 18 U.S.C. § 924(c). The Circuit reasoned that, because murder requires someone to intentionally “’cause the death of another person,’” Slip Op. at … Read more
Affirming Judge Koeltl, the Second Circuit has ruled in U.S. v. Minter that selling cocaine, in violation of N.Y. Penal Law § 220.39(1), is not a “serious drug offense” under the Armed Career Criminal Act, 18 U.S.C. § 924(e). Why not? Because “New York’s definition of cocaine is categorically broader than its federal counterpart.” Slip … Read more
Section 922(g)(1) of Title 18 bars anyone ever convicted of any felony from ever possessing a gun. Judge Carlton Reeves of the Southern District of Mississippi just dismissed an indictment charging a violation of § 922(g)(1). He ruled that, in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. … Read more
Most courts (and the government) have for a while acknowledged that kidnapping is not a crime of violence given that it can be accomplished through deception and thus without physical force. The Second Circuit has now acknowledged this too, holding in US v. Eldridge that NY kidnapping in aid of federal racketeering isn’t a 924(c) … Read more
Hobbs Act robbery is not a qualifying predicate under either the Career Offender Guideline or the Armed Career Criminal Act (“ACCA”). But it does count under § 924(c). This is because it can be committed “by means of actual or threatened force, or violence, or fear of injury, immediate or future, to [someone’s] person or … Read more
As Judge McMahon recently reminded in Fraser v. City of New York, 2021 WL 1338795 (S.D.N.Y. Apr. 9, 2021), defendants in criminal cases should always ask the government to comply with its multiple obligations under Brady v. Maryland, 373 U.S. 83 (1963), by turning over all complaints against police officers involved in the case. Jawaun … Read more
Do you have a client challenging a charge or conviction for attempted bank robbery in violation of 18 U.S.C. § 2113(a) and/or gun possession in relation to that crime in violation of § 924(c)? Well, there’s good news and bad news. First, the bad news: a two-judge panel of the Second Circuit has ruled attempted … Read more
In a prosecution under 18 U.S.C. § 922(g), “the Government must prove [] that the defendant . . . knew he belonged to the relevant category of persons barred from possessing a firearm.” Rehaif v. United States, 139 S. Ct. 2191, 2200 (2019). Usually, this means proving the defendant knew he’d previously been convicted of … Read more
Federal Rule of Criminal Procedure 33(a) authorizes a judge to “grant a new trial if the interest of justice so requires.” This rule has traditionally been understood to “confer[] broad discretion upon a trial court to set aside a jury verdict and order a new trial to avert a perceived miscarriage of justice.” United States v. … Read more