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There has been a recent flurry of interesting summary orders. Enjoy!

United States v. Wilke, No. 11-1122-cr (2d Cir. May 31, 2012), contains an interesting discussion of the double jeopardy implications of being convicted of both tghe receipt of and the possession of the same images of child pornography. The court, which has never decided the issue, notes that there “may be substantial support for such a proposition,” and that it might even rise to the level of plain error. Here, however, there was no plain error since there was a “clear possibility” that Wilke was convicted of different conduct for each count. Interestingly, the court also rejected the government’s claim that the imposition of concurrent sentences on two such counts would undercut the prejudice prong of the plain error analysis, calling the claim “problematic.”

United States v. Pena Soltren, No. 11-256-cr (2d Cir. May 31, 2012), examines an “old-law” sentence.” …

Here are the court’s three  most recent per curiam opinions:
                               

United States v. David, No. 11-741-cr  (2d Cir. May 17, 2012)  Calabresi, Cabranes, Chin, CJJ) (per curiam)

In this drug case, the circuit remanded for resentencing because the district court acted before two 2011 circuit decisions, Chowdhury and Figueroa, in calculating the marijuana equivalency for the drug BZP.  Defendant David pled guilty to trafficking in large quantities of pills thought to contain the drug Ecstasy.  At sentencing, it emerged that the pills actually contained BZP, a somewhat similar drug often sold as Ecstasy. The district court analogized BZP to Ecstasy for guidelines purposes, and sentenced accordingly.  Strangely, a lab report submitted to the circuit, but not, apparently, the district court, indicated that the pills contained a combination of BZP and two other substances, TFMPP and caffeine.

The circuit noted that Chowdhury…