Steve Statsinger Two more summary orders of interest: In United States v. Howard, No. 08-0944-cr (2d Cir. October 26, 2009), the court, when considering the denial of a motion to suppress wiretap evidence, questioned whether the district court correctly rejected without a hearing the defendant’s claim that the government illegally began tapping his phone before it obtained … Read more
United States v. Wright, No 08-0322-cr (2d Cir. October 19, 2009) (Jacobs, McLaughlin, Parker, CJJ) Here, the circuit held that the admission of defendant McCallum’s two prior drug convictions – which it termed “propensity evidence in sheep’s clothing” – during his federal crack trafficking trial was an abuse of discretion. It also found the error … Read more
Here are the two most recent PC’s. In United States v. Bell, No. 08-5506-cr (2d Cir. October 20, 2009) (Miner, Cabranes, CJJ, Rakoff, DJ) (per curiam), the court reversed the district court’s grant of a new trial under F.R.Cr.P. 33 and remanded the case for sentencing. After the defendant was convicted of attempted murder of … Read more
United States v. Rigas, No. 08-3485-cr (2d Cir. October 5, 2009) (Feinberg, Winter, Cabranes, CJJ) When we last heard about the Rigas père et fils – former senior officers at Adelphia Communications who were convicted of conspiracy, securities, wire and bank fraud – the circuit affirmed the majority of their convictions, but reversed a single … Read more
Here’s a fairly large crop of summary orders of interest. In United States v. Smith, No. 07-5740-cr (2d Cir. October 8, 2009), the court agreed that it was error to admit a picture of the defendant’s tattoo – which depicted the skull, arms and ribcage of a skeleton firing a weapon – in a homicide … Read more
United States v. Young, No. 07-2729-cr (2d Cir. October 8, 2009) (Jacobs, Walker, Leval, CJJ) Defendant Laval Farmer was a member of the Bloods street gang, charged with a 2001 gang-related murder and and 2002 gang-related attempted murder, along with various associated firearms offenses. At least three years before the charged offenses he acquired the … Read more
United States v. Carreto, No. 06-2295-cr (2d Cir. October 8, 2009)(Parker, Livingson, CJJ, Chin, DJ) Three defendants were charged with various offenses relating to a scheme in which young women were smuggled into the United States from Mexico and forced to engage in prostitution. Soon after they were indicted, the government offered a “global” plea … Read more
This set of per curiam decisions deals with mes rea elements. In United States v. Romero-Padilla, No. 08-1817-cr (2d Cir. October 7, 2009) (Calabresi, Cabranes, Hall, CJJ), the court held that 21 U.S.C. § 959(a), a drug importation statute, requires the government to prove that the defendant actually, as opposed to constructively, knew that a … Read more
Here are three more summary orders of interest. In United States v. Delacruz, No. 08-1192-cr (2d Cir. September 11, 2009), the district court did not inform the defendant of the possibility of a forfeiture during the plea allocution, but still entered a forfeiture order at sentencing. While the allocution error was not enough to warrant … Read more
United States v. Concepcion, No. 08-3785-cr (2d Cir. August 31, 2009) McLaughlin, Calabresi, Sack, CJJ) On this government appeal, the court reversed a district court order suppressing evidence obtained pursuant to a wiretap. Background One of Concepcion’s former cellmates (the “CI”) went to the FBI claiming that Concepcion planned to assist foreign terrorists in attacking … Read more