United States v. Annabi, Nos. 12-4988-cr(L), 12-4990-cr(Con) (2d Cir. Mar. 25, 2014), available here This published decision holds that where the government fails to invoke an applicable forfeiture provision in the indictment, and fails to correct that error prior to entry of a final judgment, forfeiture must be limited to that authorized by the statute … Read more

United States v. Gupta, No. 12-4448-cr (2d Cir. Mar. 25, 2014) (Newman, Kearse, and Pooler), available here Rajat K. Gupta, a former director of The Goldman Sachs Group, was convicted, after a jury trial, of three counts of securities fraud and one count of conspiracy to commit securities fraud, based on insider trading. He was sentenced … Read more

United States v. Bussey, No. 13-1180-cr (2d Cir. Mar. 20, 2014) (Raggi, Lynch, and McMahon), available here This summary was prepared by noted criminal defense attorney Francisco Celedonio, who is also a member of the Board of Directors of Federal Defenders of New York, Inc.: Bussey appealed his conviction for violating the terms of his … Read more

PIERRE V. ERCOLE, NO. 12-3506-PR (2D CIR. MAR. 27, 2014) (SACK, LIVINGSTON, AND LOHIER) (SUMMARY ORDER), AVAILABLE HERE This case involved an ineffective assistance of counsel claim following defendant’s murder conviction.  The defendant argued that his defense lawyer was ineffective for not calling a particular witness at trial and for failing to investigate a possible witness.  The Court disagreed … Read more

UNITED STATES V. PALMA, NO. 13-2230-CR (2D CIR. MAR. 27, 2014) (SACK, LIVINGSTON, AND LOHIER) (SUMMARY ORDER), AVAILABLE HERE This defendant claimed that the sentencing court committed procedural error by failing to articulate the reasons for the sentence imposed and not addressing the 3553(a) factors.  On plain error review, the first challenge failed.  The Court explained that … Read more

UNITED STATES V. DELGIORNO, NO. 13-625-CR (2D CIR. MAR. 27, 2014) (STRAUB, SACK, AND LOHIER) (SUMMARY ORDER), AVAILABLE HERE This defendant appealed his sentence and claimed that the sentencing court committed procedural error by failing to calculate the guidelines, properly consider the 3553(a) factors, and adequately explain the sentence imposed.  All challenges failed.  The district court calculated … Read more

United States v. Glenn, No. 13-0231-cr (2d Cir. Mar. 12, 2014) (Jacobs, Livingston, and Lynch), available here Glenn appealed from an order of the District of Connecticut revoking his supervised release. The district court concluded that Glenn committed “another federal, state or local offense” in violation of the conditions of his supervised release, based solely … Read more

United States v. Lucas, Nos. 12-4840-cr(L), 13-0743(Con), 13-1075(Con) (2d Cir. Mar. 17, 2014) (Parker, Lynch, and Droney) (per curiam), available here This published (and, therefore, precedential) decision reiterates what the Circuit had previously held only in non-precedential summary orders: that USSG 5G1.3(b) and 18 U.S.C. 3584 empower district courts to run sentences concurrently only to “undischarged” terms … Read more

Tellado v. United States, No. 11-3227-pr (2d Cir. Mar. 12, 2014) (Hall, Livingston, and Berman), available here This published decision affirms the denial of petitioner’s Section 2255 motion to vacate his sentence. The Court held that petitioner knowingly waived his right to collaterally attack his sentence and that the district court properly denied petitioner’s motion to … Read more

United States v. Chibuko, No. 12-0039-cr (2d Cir. Mar. 7, 2014) (Katzmann, Kearse, and Wesley) (per curiam), available here This published decision offers guidance on the procedures to be followed before a district court may impose consecutive sentences for multiple counts of aggravated identity theft, 18 U.S.C. 1028A. Chibuko was convicted at trial of various fraud … Read more