Author Archive | Sarah Baumgartel

In United States v. Nosov, No. 21-187-cr (2d Cir. March 17, 2022) (summary order), the Second Circuit ordered a limited remand for clarification of a court’s denial of a motion for a sentence reduction under 18 U.S.C, § 3582(c)(1)(A), pursuant to United States v. Jacobson, 15 F.3d 129 (2d Cir. 1994).

In Nosov, the defendant moved for a reduction of his concurrent life terms, citing his youth at the time of the offenses, his rehabilitation, and his health conditions. The government agreed that the defendant’s obesity put him at increased risk from COVID-19, and that this could constitute an extraordinary and compelling reason for a sentence reduction.

Nonetheless, without further explanation, the district court opined that the defendant had not shown “extenuating and compelling” reasons warranting a reduction and denied the motion. This finding was in tension with the government’s concession and the Circuit noted that the …

In Lange v. California, No. 21-18, 594 U.S. __ (June 23, 2021), the Supreme Court holds that pursuit of a fleeing misdemeanor suspect does not categorically qualify as an exigent circumstance that permits police to enter a home without a warrant. That is: if a New York police officer tries to stop and ticket you for littering, and you run away, the officer cannot necessarily chase you into your home.

But sometimes, probably even most times, he can. Per the Supreme Court: “A great many misdemeanor pursuits involve exigencies allowing warrantless entry,” so it “turns on the particular facts of the case.”

In Lange, the defendant drove past California highway patrol officers “listening to loud music with his windows down and repeatedly honking his horn.” This prompted officers to follow Lange and then signal for him to pull over. By the time police turned on their signal, Lange …