Federal Defenders of New York Second Circuit Blog

obstruction of justice

Circuit overturns Nassau County Executive’s bribery convictions, but affirms his honest-services fraud convictions

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In United States v. Linda Mangano and Edward Mangano, 2d Cir. No. 22-861 (L) (Feb. 13, 2025), the Court upheld the defendants’ convictions for honest-services fraud and obstruction of justice, but vacates Edward Mangano’s bribery-related convictions. We focus on that aspect of Judge Livingston’s thorough opinion. Edward Mangano was the County Executive of Nassau County … Read more

Appellant’s submission of (three) “forged letters” of support, to the sentencing court, results in a 5-level increase in offense level: a two level upward adjustment for obstruction of justice (U.S.S.G. § 3C1.1) and the denial of a 3-level reduction for acceptance of responsibility (id. § 3E1.1). United States v. Strange, No. 21-2923, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Pooler, Wesley, and Menashi).

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Background Appellant worked for a company that (generously) matched the charitable donations of its employees “up to $25,000 in donations per employee annually.” Opinion (“Op”) at 2. From 2015 to 2019, Appellant he “carried out a scheme to defraud” by “submitt[ing] fake documentation purporting to show that he, as well as some of his coworkers, … Read more

District court must make clear, specific finding that defendant committed perjury before imposing the 2-level obstruction enhancement based on trial testimony.

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In United States v. Ivan Rosario, 2d Cir. No. 18-1994 (L) (Feb. 23, 2021) (per curiam), the Court (Sack, Chin, and Lohier) reaffirmed the longstanding rule that a district court may impose a 2-level obstruction enhancement under U.S.S.G. § 3C1.1, based on the defendant’s allegedly false trial testimony, only if it “make[s] findings to support … Read more

The evidence sufficiently proved the defendant “had a reasonable opportunity to observe” the underage victim, under 18 U.S.C. § 1591(b)(1) (sex trafficking of minors). And it wasn’t procedural error when the court used the defendant’s “false [trial] testimony” as an aggravating factor under § 3553(a) — in imposing a substantially below-Guidelines sentence — without finding the testimony qualified as perjury under Guidelines § 3C1.1. United States v. Almonte, No. 18-3769, __F.3d__, 2020 WL 1056786 (March 5, 2020).

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1. Sufficiency of evidence of sex trafficking involving underage victim The defendant was convicted, after trial,  of several offenses, including  sex trafficking of a minor who was less than 14 years old, in violation of 18 U.S.C. § 1591(a) and (b)(1).  She moved unsuccessfully for a judgment of acquittal (Fed.R.Crim.P. 29), arguing the evidence didn’t  … Read more

The Second Circuit issues an amended opinion in United States v. Pugh, No. 17-1889-cr, __F.3d__, 2019 WL 6708812 (Dec. 10, 2019) (“Pugh II”), a material support to terrorism case. As in the initial opinion — that was discussed in this blog on Sept. 3, 2019 — the Circuit affirms the convictions, but vacates consecutive prison sentences (totaling 420 months) as procedurally unreasonable because of the inadequate statement of reasons for the sentences.

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Yesterday, the Circuit issued an amended opinion in United States v. Pugh. The initial decision issued on August 29, 2019 (United States v. Pugh, 937 F.3d 108) and was discussed in this blog. See infra, posting of Sept. 3, 2019. The Amended Opinion reaches the same results as the initial opinion. The Circuit  (1) rules … Read more

Second Circuit affirms convictions arising from a person’s alleged attempt to join ISIS in Syria. But it vacates consecutive prison sentences (of 420 months) as procedurally unreasonable because of the judge’s deficient statement of the reasons for the sentence.

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Second Circuit affirms convictions arising from a person’s alleged attempt to join ISIS in Syria.  But it vacates consecutive prison sentences (of 420 months) as procedurally unreasonable because of the judge’s deficient statement of the reasons for the sentence: United States v. Pugh, No. 17-1889-cr, __F.3d__, 2019 WL 4062635  (Aug. 29, 2019).  In United States … Read more

Aliens vs. Predator

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United States v. Archer, No. 10-4684-cr (2d Cir. September 20, 2011) (Newman, Calabresi, Hall, CJJ) Thomas Archer, a solo-practitioner immigration lawyer in Queens, ran a visa fraud mill. His specialty was the I-687, an amnesty program that permitted certain aliens who were here illegally in the 1980’s to adjust their status and receive a visa. … Read more

Beating Disorder

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United States v. Wells, No. 10-1266-cr (2d Cir. April 28, 2011) (Kearse, Sack, Katzmann, CJJ) The defendants here, Wells and Rhodes, both former prison guards, were convicted of covering up the beating of a prisoner at the Queen Private Correctional Facility (“QPCF”). The episode began when the prisoner commented on the appearance of a female … Read more

Cash and Quarry

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United States v. Byors, No. 08-4811-cr (2d Cir. October 29, 2009) (Cabranes, Livingston, CJJ, Korman, DJ) Defendant, while ostensibly raising money for a Vermont marble quarry, made material misrepresentations to his investors. He also converted substantial amounts of their money to pay for his personal expenses, including vacation homes, cars and horses. He pled guilty … Read more

Going Down!

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United States v. Perez, No. 08-4131-cr (2d Cir. August 3, 2009) (Newman, Pooler, Parker, CJJ) Here, the circuit concluded that an internal BOP investigation into corrections officers’ use of force against an inmate constituted an “official proceeding” within the meaning of 18 U.S.C. § 1512. The court rejected the defendants’ sufficiency challenge and affirmed their … Read more