United States Jonathan Bulluck, No. 13-255-cr (Summary order of March 24, 2016 (Leval, Calabresi, Lynch): The Court did not a issue a published opinion today. Its one summary order affirmed the denial of an ineffectiveness claim for lack of prejudice, on the ground that the search of a bag (which contained drugs)in a car stop … Read more
Two summary orders today. First, United States v. Tanaka: To understand this one, a short backstory is needed: In 2010, Mr. Tanaka and Mr. Vilar were sentenced to 60 months and 108 months of prison time, respectively. Both were fined $25,000. Fast forward to 2014, when both men were resentenced after a successful appeal. But, things … Read more
No new criminal decisions out of the Second Circuit today. But there was one interesting argument that focused on prosecutorial overreach. The Second Circuit heard argument today in the case of former Connecticut governor, John Rowland, who was sentenced last year to 30 months for trying to conceal his role as a paid consultant in … Read more
United States v. Ronell Wilson, 04-Cr-1016 (NGG), Mem. & Order (Dkt 1535) (Filed 3/15/16) Ronell Wilson cannot be executed, Judge Garaufis found, despite twice being sentenced to death, because under the Supreme Court’s recent decision in Hall v. Florida, he is intellectually disabled, and, therefore, executing him would violate the Eighth Amendment and the Federal … Read more
The Court did not release any published criminal decisions today, but did issue four summary orders in criminal cases: United States v. Peña, No. 14-3837(L) (Katzmann, Lohier, and Droney) The Peña brothers (Hector and Jose) were convicted after a jury trial of various counts relating to the murders of a drug dealer and others. The … Read more
The Second Circuit issued two opinions today. UNITED STATES v. TULSIRAM, No. 14-2483 (2d Cir. March 7, 2016)(Cabranes, Parker, and Lynch). The Circuit addresses two issues in this case: the first concerns its jurisdiction to review a judgment of conviction that imposes a sentence of imprisonment and restitution but leaves the restitution undetermined; the second, … Read more
No criminal decisions out of the Second Circuit today, although the court did hear arguments today in the infamous “deflate-gate case” and did not seem receptive to the arguments made by the N.F.L. Player’s Union. Two interesting local criminal justice stories today: First, a look at the plan to stop arresting people in Manhattan for … Read more
United States v. Raymonda, No. 13-4899-cr (2d Cir. Mar. 2, 2013) (Walker, Lynch, and Chin), available here Someone using defendant’s IP address accessed thumbnail images of child pornography on the Internet. More than nine months later, government agents obtained a search warrant for defendant’s home and discovered over 1,000 files of child pornography. The district court … Read more
United States v. Van Mead, No. 12-4054-cr (2d Cir. Dec. 8, 2014) (Livingston, Lohier, and Stein), available here Section 130.40-2 of New York’s Penal Law provides that “[a] person is guilty of criminal sexual act in the third degree when . . . [b]eing twenty-one years old or more, he or she engages in oral … Read more
United States v. Sanchez, No. 11-2429-CR (2d Cir. Dec. 4, 2013) (Cabranes, Straub, and Livingston), available here Defendant pleaded guilty to possession with intent to distribute more than 1 kilogram of heroin, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A), an offense that carries a 10-year mandatory minimum. The government filed a prior felony … Read more