United States v. Park, No. 13-4142-cr (2d Cir. July 9, 2014) (Cabranes, Carney, and Droney) (per curiam), available here Convicted of filing a false corporate tax return, Park was sentenced to three years’ probation, including six months’ home detention. The district court (Judge Block) explained that it was imposing this sentence — below the 15-to-21 month … Read more
United States v. Reed, No. 13-0359(L) (2d Cir. June 25, 2014) (Jacobs, Calabresi, and Pooler), available here Reed was convicted after trial of various federal charges arising from the shooting and attempted robbery of a rival drug dealer. Reed argued on appeal that the district court should have suppressed a state court lineup identification of him … Read more
Herrera-Gomez v. United States, No. 14-1166 (2d Cir. June 17, 2014) (Winter, Walker, and Cabranes) (per curiam), available here Petitioner, a federal prisoner convicted of conspiracy to distribute heroin, moved in the Circuit for leave to file a successive 28 U.S.C. § 2255 motion in the district court based on the Supreme Court’s decision in Peugh … Read more
United States v. Certified Environmental Services, Inc., No. 11-4872(L)-cr (2d Cir. May 28, 2014) (Raggi, Carney, and Rakoff), available here Defendants, consisting of an asbestos air monitoring company, five of its employees, and an employee of an asbestos abatement contractor, were convicted collectively of 15 counts of conspiracy, mail fraud, and false statements. The charges related … Read more
United States v. Mandell, No. 12-1967-cr(L) (2d Cir. May 16, 2014) (Wesley, Carney, and Wallace) (per curiam), available here Ross Mandell and Adam Harrington were convicted, after a jury trial, of various substantive and conspiratorial counts of securities fraud, wire fraud, and mail fraud. Mandell was sentenced principally to 144 months in prison; Harrington got 60 … Read more
United States v. Ganias, No. 12-240-cr (2d Cir. June 17, 2014) (Hall, Chin, and Restani), available here Yesterday, the Circuit handed down what Professor Orin Kerr has already called “a very important new Fourth Amendment case.” In an opinion by Judge Chin, the Court held that the government violates the Fourth Amendment when it indefinitely retains computer files that were seized … Read more
United States v. Taylor, No. 11-2201-cr(L) (2d Cir. May 23, 2014), available here The saga of this Hobbs Act prosecution continues. In December 2013, a panel of the Court (Judges Kearse, Jacobs, and Carney) issued an opinion, available here, vacating the three defendants’ convictions relating to a conspiracy to rob a pharmacy in Manhattan. The panel … Read more
United States v. Medunjanin, No. 12-4724-cr (2d Cir. May 20, 2014) (Kearse, Wesley, and Droney), available here Adis Medunjanin was convicted, following a jury trial, of nine terrorism-related crimes involving a plan to carry out coordinated suicide bombings in the New York City subway system. He was sentenced to life plus 95 years of imprisonment. The … Read more
United States v. Kerr, No. 11-5462-cr(L) (2d Cir. May 16, 2014) (Kearse, Parker, and Hall), available here After being charged with possessing MDMA with intent to distribute, Kerr ceased communicating with — and then fired — his two appointed attorneys, insisted on pressing several “ill-advised theories of defense,” and underwent a competency examination that ultimately … Read more
United States v. Lockhart, No. 13-0602-cr (2d Cir. May 15, 2014) (Katzmann, Straub, and Lohier), available here This appeal required the Court to decide the meaning of 18 U.S.C. § 2252(b)(2), which mandates a ten-year minimum term of imprisonment for a defendant who possesses child pornography and was previously convicted “under the laws of any State relating to aggravated … Read more