United States v. D’Amelio, No. 09-2541-cr (2d Cir. June 13, 2012) (Raggi, Hall, Chin, CJJ) This opinion provides some helpful clarification of the confusing precedents that try to differentiate between a constructive amendment to the indictment – which, in this circuit at least, requires reversal without a showing of prejudice – and a variance. Background … Read more
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 … Read more
United States v. Gowing and Scheringer, Nos. 10-4037-cr, 11-683-cr (2d Cir. June 6, 2012) (Winter, Straub, Lynch, CJJ) (per curiam) The court’s latest per curiam looks at 18 U.S.C. § 3147, which enhances the sentence of a person “convicted of an offense committed while on release.” The underlying case involved a massive oil contract fraud … Read more
United States v. Decastro, No 10-3773 (2d Cir. June 1, 2012) (Jacobs, Hall, Lynch, CJJ) In 2002, Angel Decastro moved from Florida to New York to help run his father’s dry-cleaning business. After a violent confrontation with a customer, Decastro requested a handgun license application from the NYPD. He did not submit it, however; he … Read more
United States v. Carthen, No. 10-4817-cr (2d Cir. May 23, 2012) (Winter, McLaughlin, Cabranes, CJJ) Defenant Tyrone Carthen appealed the government’s reliance on hearsay at his supervised release violation hearing. The circuit, finding no error, affirmed. Carthen was charged with violating his supervised release by beating and threatening his ex-girlfriend, Marquita Cox. The matter was … Read more
United States v. Batista, No. 10-3284-cr (2d Cir. May 17, 2012) ( Kearse, Cabranes, Sack, CJJ) Louis Batista, a former New York City police officer, was convicted by an Eastern District jury of participating in a longstanding drug distribution ring based in Bushwick, Brooklyn. This long opinion affirms this conviction and sentences, as well as … Read more
United States v. Litwok, No. 10-1985-cr (2d Cir. April 30, 2012) (Livingson, Lohier, CJJ, Koeltl, DJ) An Eastern District jury convicted defendant Evelyn Litwok of one count of mail fraud, and three counts of tax evasion – for the years 1995, 1996 and 1997. The circuit found the evidence legally insufficient to support the conviction … Read more
United States v. Williams, No. 11-324-cr (2d Cir. May 17, 2012) (McLaughin, Parker, Wesley, CJJ) On this government appeal, the circuit reversed a district court order that suppressed a Mirandized statement, after finding that it was the product of an illegal “two-step” interrogation. Robert Williams was arrested in a Bronx apartment in which law enforcement officers executed … Read more
United States v. Wagner-Dano, No. 10-4593-cr (2d Cir. May 14, 2012) (Winter, Livingston, CJJ, Rakoff, DJ) Melissa Wagner-Dano was a bookkeeper in upstate New York, where she worked for a small town and two large dairy farm cooperatives. She stole more than $1 million from her employers through unauthorized withdrawals from their bank accounts, using … Read more
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 … Read more