United States v. Woltmann, No. 10-413 (2d Cir. July 6, 2010) (Jacobs, Winter, Walker, CJJ) Once again, Judge Platt’s unconventional way of doing business has resulted in a sentencing remand to a different judge. Here, the issue was his treating the guideline range in a plea agreement as binding, while ignoring a 5K1.1 letter and … Read more
United States v. Kaiser, No. 07-2365-cr (2d Cir. July 1, 2010) (Jacobs, Calabresi, Pooler, CJJ) Mark Kaiser was convicted after a jury trial of securities fraud-related offenses in connection with an accounting fraud scheme at USF, a large food product distributor. The circuit, finding error in the conscious avoidance instruction and in an evidentiary ruling, … Read more
United States v. Wilson, No. 07-1320-cr (2d Cir. June 30, 2010) (Jacobs, Miner, Livingston, CJJ) An Eastern District jury convicted Ronell Wilson of capital crimes for the murder of two NYPD detectives during a botched undercover gun buy; it also unanimously voted to sentence him to death. On appeal, a divided panel vacated the death … Read more
United States v. Ramirez, No. 07-2912-cr (Calabresi, Cabranes, Parker, CJJ) (2d Cir. June 29, 2010) In this case, the circuit found that the district court erred in applying the “impeachment by contradiction” doctrine. But since the error was harmless, it affirmed. Background At his drug conspiracy trial, defendant Jose Luis Rodriguez testified that he was … Read more
United States v. Malki, No. 08-4417-cr (2d Cir. June 29, 2010) (Newman, Raggi, Hall, CJJ) In this rare choice-of-guideline appeal, the circuit vacated the sentence and remanded for resentencing under a different guideline. Background Defendant Malki entered the United States illegally in 1978. He eventually obtained political asylum, permanent residence status and United States citizenship, … Read more
United States v. Heras, No.09-3150-cr (2d Cir. June 18, 2010) (Raggi, Lynch, Wallace, CJJ) On this government appeal, the circuit vacated a district court order granting a Rule 29 motion that misconstrued the “ordinary consequences” rule and remanded the case for reinstatement of the verdict. Background Defendant Heras was arrested in the parking lot of … Read more
United States v. Awan, No. 07-4315-cr (2d Cir. June 14, 2010) (Pooler, Raggi, Livingston, CJJ) On this government appeal, the circuit remanded for resentencing in light of the district court’s refusal to apply the terrorism enhancement, U.S.S.G. § 3A1.4. Awan was convicted after a jury trial of various offenses in connection with his efforts to … Read more
United States v. Julius, No. 08-4267-cr (2d Cir. June 11, 2010) (Pooler, Hall, CJJ, Sweet, DJ) Here, the district court granted the defendant’s motion to suppress a gun seized during Julius’ arrest on a parole violation. on the government’s appeal, the circuit remanded for reconsideration in light of Herring v. United States, 129 S.Ct. 695 … Read more
United States v. Vallejo, No. 09-1673-cr (2d Cir. June 11, 2010) (Winter, Cabranes, Raggi, CJJ) (per curiam) This latest per curiam opinion looks at the petty offense exception to the Sentencing Guidelines’ criminal history rules, set out in U.S.S.G. § 4A1.2(c)(1). That provision excludes from the criminal history score prior sentences for certain petty offenses … Read more
In its two latest per curiam opinions, the court discusses a traffic stop and the district court’s obligation to sua sponte ensure that the defendant is competent. In United States v. Harrison, No. 09-2907-cr (2d Cir. May 26, 2010)(Jacobs, Miner, Wesley, CJJ)(per curiam), the court rejected a claim that the police unreasonably prolonged an otherwise … Read more