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Saturday, March 27th, 2010

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United States v. Bari, No. 09-1074-cr (2d Cir. March 22, 2010) (Cabranes, Parker, CJJ, Underhill, DJ)(per curiam)

The court’s most recent per curiam addresses a district court’s use of the results of an Internet search, in part, to find that the defendant violated his supervised release.

On release from a long bank robbery sentence, Bari faced a supervised release violation for robbing another bank. The district court found him guilty after a two-day hearing. In finding against him, the court cited: a bank employee’s identification of Bari’s voice; the similarity between Bari’s height, weight and posture to those described by witnesses to the robbery; Bari’s suspicious conduct at or near the bank around the time of the robbery; the similarity between Bari’s car and one seen near the bank just after the robbery, and; the similarity between the yellow rain hat worn by the robber – as depicted in a …

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