United States v. Viloski, No. 12-265-cr (2d Cir. Feb. 4, 2014) (Walker, Cabranes, and Parker) (summary order), available here Viloski, a lawyer and real estate broker, was a broker/consultant for development projects of Dick’s Sporting Goods. The trial evidence showed that he acted as a consultant for real estate transactions in which he accepted a consulting … Read more
UNITED STATES V. OSUALA, NO. 12-3573 (2D CIR. FEB. 3, 2014) (CABRANES, LIVINGSTON, AND CARNEY) (SUMMARY ORDER), AVAILABLE HERE This defendant appealed from convictions for obstructing administration of the IRS, subscribing to false and fraudulent income tax returns, and aiding and assisting the preparation of false individual tax returns. He claimed expiration of the six-year … Read more
UNITED STATES V. WILLIAMS, JOHNSON, AND JONES, NOS. 12-2314(L), 12-2454-cr(CON), 12-2650(CON) (2D CIR. FEB. 3, 2014) (KATZMANN, WESLEY, AND CHIN) (SUMMARY ORDER), AVAILABLE HERE In this case, a jury convicted two defendants (Johnson and Jones) after trial for multiple counts of bank fraud and aggravated identity theft, as well as conspiracy to commit bank fraud. A third defendant … Read more
United States v. Chervin, No. 13-631-cr (2d Cir. Jan. 30, 2014) (Kearse, Pooler, and Raggi) (summary order), available here This summary is provided by noted criminal defense attorney Francisco Celedonio, Esq., who is also a member of the Board of Directors of Federal Defenders of New York, Inc.: Appellant Chervin challenged his 57-month sentence, which … Read more
UNITED STATES V. FAILING, NO. 10-3330-cr (2D CIR. FEB. 3, 2014) (KATZMANN, WESLEY, AND LOHIER) (SUMMARY ORDER), AVAILABLE HERE In this case, the defendant was convicted after trial of conspiracy to possess methamphetamine with intent to distribute. He received 77 months’ custody. On appeal he challenged the district court’s admission of out-of-court statements by a … Read more
UNITED STATES V. JOHNSON, NO. 12-3328-cr (2D CIR. FEB. 3, 2014) (POOLER, RAGGI, AND SCHOFIELD) (SUMMARY ORDER), AVAILABLE HERE Post-conviction for wire fraud and bank fraud, the defendant in this appeal challenged his sentence as procedurally unreasonable and challenged the sufficiency of the evidence to his intent to commit bank fraud pursuant to 18 U.S.C. § 1344. … Read more
United States v. Krasniqi, Nos. 12-2788-cr and 12-2789-cr (2d Cir. Jan. 28, 2014) (Newman, Hall, and Lynch) (summary order), available here Bruno Krasniqi (“Bruno”) and Saimir Krasniqi (“Saimir”) were convicted of a substantive RICO count, RICO conspiracy, conspiracy to distribute marijuana, conspiracy to commit Hobbs Act robbery, and other offenses. On appeal, they argued that the … Read more
United States v. DeMizio, No. 12-1293 (2d Cir. Jan. 28, 2014) (Newman, Kearse, and Livingston), available here Darin DeMizio was convicted in 2009 of conspiracy to commit honest-services wire fraud and securities fraud and of making a false statement. The government’s theory on the conspiracy count was that DeMizio caused his employer, Morgan Stanley, to conduct … Read more
United States v. Moreno-Montenegro, No. 12-3040-cr (2d Cir. Jan. 27, 2014) (Katzmann, Winter, and Calabresi) (summary order), available here The defendant pled guilty to one count of conspiracy to import heroin into the United States and one count of conspiracy to distribute heroin intending that it would be unlawfully imported into the United States. He … Read more
United States v. Melendez, No. 12-4181-cr (2d Cir. Jan. 24, 2014) (Wesley, Hall, and Chin) (summary order), available here Convicted of one count of receiving child pornography, the defendant was sentenced to 168 months of imprisonment, the bottom of the 168-to-210 month Guidelines range. This summary order affirms the sentence as substantively reasonable. The Court … Read more