United States v. Howe, No. 12-4394-cr (2d Cir. Nov. 25, 2013) (Pooler, Raggi, and Wesley) (summary order), available here Convicted of receiving and possessing child pornography, Howe was sentenced to 180 months of imprisonment. On appeal, he argued that the district court should have suppressed the evidence against him because (1) the police lacked probable cause … Read more

United States v. King, No. 12-2262-cr (2d Cir. Nov. 25, 2013) (Pooler, Raggi, and Wesley) (summary order), available here This summary order affirms the district court’s ruling that the defendant was not eligible for a reduced sentence under 18 U.S.C. 3582(c) and U.S.S.G. 1B1.10. The defendant pled guilty in 1999, pursuant to a Rule 11(c)(1)(C) plea agreement, … Read more

UNITED STATES V. TOMICIC, NO. 12-2653-cr (2D CIR. NOV. 22, 2013) (CALABRESE, POOLER, AND KORMAN) (SUMMARY ORDER), AVAILABLE HERE The Court affirmed the defendant’s conviction for wire fraud and denied his claim that the government presented insufficient evidence at trial.  That evidence demonstrated that the defendant submitted what he knew to be falsified, backdated competing bids … Read more

UNITED STATES V. BUTLER, NO. 12-5120-cr (2D CIR. NOV. 22, 2013) (POOLER, RAGGI, AND WESLEY) (SUMMARY ORDER), AVAILABLE HERE The Court held that assets in the defendant’s name could be used to satisfy a $5 million fine and $250,000 forfeiture ordered in a securities and wire fraud conviction case and denied claims by the defendant’s wife that she had … Read more

UNITED STATES V. HIGHSMITH, NO. 13-201-cr (2D CIR. NOV. 22, 2013) (SACK, HALL, AND LIVINGSTON) (SUMMARY ORDER), AVAILABLE HERE The Court denied this defendant’s appeal of his 15-year sentence for distribution of 50 grams or more of cocaine and a 924(c).  The defendant argued that the district court did not adequately consider certain 3553(a) factors and … Read more

United States v. Escobar-Gonzalez, No. 12-4657-cr (2d Cir. Nov. 21, 2013) (Pooler, Raggi, and Wesley) (summary order), available here This summary order holds that the evidence was sufficient to support the defendant’s conviction of  transporting a minor interstate to engage in illegal sexual activity. The panel also held that the district court did not improperly … Read more

United States v. Cartagena, No. 12-4910-cr (2d Cir. Nov. 21, 2013) (Newman, Hall, and Lynch) (summary order), available here Cartagena was convicted by a jury of attempting and of conspiring to distribute at least five kilograms of cocaine. At trial, the court admitted testimony that Cartagena had been involved earlier an an uncharged 2009 drug … Read more

United States v. Schwamborn, No. 12-5125-cr (2d Cir. Nov. 21, 2013) (Pooler, Raggi, and Wesley) (summary order), available here Convicted of securities fraud, the defendant was sentenced principally to 121 months of imprisonment and about $182,000 in restitution. On appeal, he challenged the restitution order on three grounds: (1) one of the victim’s affidavits was … Read more

United States v. Beckett, No. 12-4233-cr (2d Cir. Nov. 20, 2013) (Pooler, Raggi, and Wesley) (summary order), available here After the defendant violated his supervised release, the district court imposed a sentence of 10 months of imprisonment, to be followed by a new, 19-month term of supervised release. On appeal, the defendant argued that the new … Read more

United States v. Roy, 12-3242-cr (2d Cir. Nov. 19, 2013) (Lynch, Chin, and Carney) (summary order), available here Convicted of distributing marijuana and of possessing a firearm as a previously convicted felon, in violation of 18 U.S.C. 922(g)(1), the defendant was sentenced under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. 924(e), to 300 months of … Read more