In March 1996, Jacob Zedner walked into several banks and attempted to negotiate bonds issued by “The Ministry of Finance of U.S.A.” from the “Onited States” and with an expiration date of “forevev.” The face value of the bonds was $40 million. Surprisingly, Mr. Zedner was never able to actaully negotiate the bonds. He was, … Read more

United States v. Milstein, No. 01-1499 (March 10, 2005) (Van Graafeiland, Kearse, Wesley, Per Curiam). This case is chock full of interesting legal issues (including whether the defense of “laches” can be applied in a criminal trademark infringement case . . . it can’t), but we’ll try keep focused on the most salient aspects of … Read more

Eisemann v. Herbert, Docket No. 03-2582 (2d Cir. March 11, 2005) (Newman, Sack, and B.D. Parker) (Op. by Newman): Within the span of 3 days, the Second Circuit has twice reversed Judge Weinstein’s decision to grant § 2254 petitions brought by state prisoners in two separate cases. The other case, Benn v. Greiner, Docket No. … Read more

United States v. Barrow, No. 03-1074 (March 2, 2005)(Sack, Raggi and Hall, Op. by Raggi). In this case, the Court upheld the district court’s conclusion that the defense had opened the door to the government’ s use of statements that the defendant made at proffer sessions, even though the proffer statements did not directly contradict … Read more

United States v. Fernandez, No. 04 Cr. 539 (RPP)(S.D.N.Y. January 31, 2005)(Judge Patterson) In an important ruling for defendants who face a 15-year mandatory minimum under the Armed Career Criminal Act (generally known as “A.C.C.A,” and set out in 18 U.S.C. § 924(e)), Judge Patterson recently held that a New York State youthful offender adjudication … Read more

Shepard v. United States, No. 03-9168 (U.S. March 7, 2005): In a much anticipated case finally decided today, the Supreme Court (by Justice Souter for a 5-justice majority) ruled that in determining whether a prior conviction qualified as a predicate felony for the Armed Career Criminal Act, 18 U.S.C. § 924(e), when the statute of … Read more

United States v. Silvio Spallone, Docket No. 03-1791 (2d Cir. March 4, 2005) (Sack, Raggi, and Hall) (Op. by Raggi): In this case, the Second Circuit clarifies that a district court retains the power to interpret ambiguities in its own sentencing orders, even outside the temporal and other limits set for correction of sentences found … Read more

United States v. Williams, Dkt. No. 04-2882-cr (2d Cir. February 23, 2005) In Williams the Circuit, with Judge Newman writing, has added further comment on its plain error approach in Booker/Fanfan cases, as set out in United States v. Crosby, noted here. The Court reiterated the two types of errors in Booker and Fanfan — … Read more

In re Grand Jury Investigation (United States v. John Doe), Dkt. No. 04-2287-cv (2d Cir. February 22, 2005) Creating a circuit split, but in a case that may not be reviewable in the Supreme Court, the Circuit holds that the attorney-client privilege operates with respect to government officials and their government lawyers to the same … Read more

United States v. Sharpley, No. 04-2934 (2d Cir. Feb. 16, 2005): In Sharpley, after quickly disposing of two merits-based challenges to the defendant’s convictions for sexually exploiting a child for production of visual material (18 U.S.C. section 2251) and for being a felon in possession of a firearm (18 U.S.C. section 922(g)(1)), the Court rejected … Read more