United States v. Rivera, No. 10-1199 (2d Cir. October 21, 2011) (Katzmann, Chin, CJJ, Gleeson, DJ) This interesting decision answers an unanswered question in the circuit’s jurisprudence on § 3582(c)(2) motions. The outcome is favorable for Mr. Rivera, but will likely not last. An amended version of U.S.S.G. § 1B1.10 goes into effect on November … Read more
United States v. Thorn, No. 11-37-cr (2d Cir. October 20, 2011) (Jacobs, Sack, Raggi, CJJ) This is Joseph Thorn’s third time in the circuit. Thorn ran an upstate asbestos removal company; he performed dangerous, substandard work, and used the money he earned to grow the business. In 2000, a Northern District jury convicted him of … Read more
There have been two interesting per curiams in the past couple of weeks. Sometimes immigration law and criminal law intersect. They did in Prus v. Holder, No. 10-599-ag (2d Cir. September 28, 2011) (Calabresi, Wesley, Lynch, CJJ). Here, the court held that the New York offense of promoting prostitution in the third degree under Penal … Read more
United States v. al Kassar, No. 09-1051-cr (2d Cir. September 21, 2011) (Jacobs, Hall, CJJ, Scheindlin, DJ) Defendants were convicted of various terrorism offenses in connection with a sting operation in which a CI, who was working for the DEA, introduced al Kassar to two undercover DEA agents posing as members of FARC, the left-wing … Read more
United States v. Archer, No. 10-4684-cr (2d Cir. September 20, 2011) (Newman, Calabresi, Hall, CJJ) Thomas Archer, a solo-practitioner immigration lawyer in Queens, ran a visa fraud mill. His specialty was the I-687, an amnesty program that permitted certain aliens who were here illegally in the 1980’s to adjust their status and receive a visa. … Read more
United States v. Elbert, No. 10-72-cr (2d Cir. September 19, 2011)(Jacobs, Cabranes, CJJ, Kravitz, DJ) A recent anomaly in circuit practice has been its treatment of cases where the district court did not provide a written statement of reasons for the sentence that complies with 18 U.S.C. § 3553(c)(2). In cases where appellate counsel files … Read more
United States v. Page, No. 10-3150-cr (2d Cir. September 16, 2011) (Walker, Hall, Chin, CJJ) Defendant was tried on five drug counts and a felon-in-possession count. In the district court, he moved to sever the gun count so that the jury considering the drug charges would not learn that he had a felony conviction. The … Read more
United States v. Gansman, No. 10–0731-cr (2d Cir. September 9, 2011) (Cabranes, Chin, CJJ, Keenan, DJ) From 2005 to 2007, James Gansman, an attorney at Ernst and Young, was having an affair with one Donna Murdoch. Perhaps as part of their “pillow talk,” Gansman – the “tipper” – would pass Murdoch material, non-public information, on … Read more
United States v. Aumais, No. 10-3160-cr (2d Cir. September 8, 2011) (Jacobs, Winter, McLaughlin, CJJ) In this interesting opinion, the court weighs in on a subject of national controversy: whether a defendant convicted of possessing or receiving child pornography should be ordered to pay restitution to those depicted in the images. On the facts here … Read more
United States v. Rodriguez, No. 10-2724-cr (2d Cir. August 25, 2011) (Miner, McLaughlin, Pooler, CJJ) While detained at the MDC, Rodriguez called his sister and asked her to tell their brother to contact Rodriguez’ attorney so that they could discuss whether he should “cop out” before being indicted. He indicated that the sooner he spoke … Read more