United States v. Santiago, No. 06-5136-cr (2d Cir. July 18, 2007) (Cabranes, Raggi, CJJ, Berman, DJ) In this case, the defendant received the bottom of an agreed-upon sentencing range – 135 months’ imprisonment – and waived his right to appeal. He nevertheless filed a notice of appeal and counsel filed an Anders brief and motion … Read more
United States v. Lombardozzi, No. 04-0380-cr (2d Cir. July 11, 2007) (Kearse, Sack, Hall, CJJ) No new ground here. Defendant was charged with various extortion offenses in connection with loans that he, through confederates, extended to a restaurant owner. At trial, over objection, the government entered into evidence a co-defendant’s plea allocution, in which he … Read more
United States v. Sabhnani, Nos. 07-2567-cr, 07-2615-cr (2d Cir. July 6, 2007 ) (Winter, Cabranes, Raggi, CJJ). In a decision so fact-bound as to be unlikely to serve as precedent for any other case, the court has ordered the defendants’ release on bail despite the horrific nature of the crimes and the strength of the … Read more
United States v. Kilkenny, No. 05-6847-cr (Cardamone, Walker, Straub, CJJ) (2d Cir. July 5, 2007). Here, the district court used the November 1, 2002, version of the Guidelines to sentence the defendant, rejecting his argument that the November 1, 2000, version should be applied instead. the court of appeals rejected district court’s reasons for using … Read more
United States v. Martignon, No. 04-5649-cr (2d Cir. June 13, 2007) (Pooler, Sack, CJJ., and Garaufis, DJ). In 2004, Jean Martignon was charged under 18 U.S.C. § 2319A, which makes it a crime to manufacture, publish or distribute “bootleg” recordings of musical performances; that is, those made without the consent of the performers. Martignon moved … Read more
United States v. Salazar, No. 06-0198-cr (2d Cir. June 13, 2007) (per curiam) (Sack, B.D. Parker, Hall, C.JJ.). The headline says it all. Or almost. The court notes that the Guidelines say that the preponderance standard is “appropriate” to Guidelines findings, U.S.S.G. § 6A1.3, comment., and concludes: “[T]he discretion afforded district judges by Booker applies … Read more
United States v. Bearam, Docket No. 05-2823-cr (2d Cir. June 8, 2007) (Cardamone, Straub, Wallace C.JJ.) Here, the Court applies Missouri v. Seibert, 542 U.S. 600 (2004), for the first time, joining the parade of courts that have limited Seibert to cases involving a deliberate “two-step” interrogations. The Court also vacates a sentence where the … Read more
United States v. Howard, Docket No. 06-0457-cr (2d Cir. June 5, 2007) (Jacobs, Leval, Sotomayor, C.JJ.). Here, on the government’s interlocutory appeal, the Court reverses the district courts order suppressing evidence obtained from the warrantless searches of two automobiles. Facts: This case actually involves two unrelated, but factually similar, searches. In each case police officers … Read more
United States v. Ubiera, Docket No. 05-5256-cr (2d Cir. May 15, 2007) (Jacobs, Cardamone, Sotomayor, C.JJ.). Guidelines section 4A1.2(c)(1) excludes convictions for certain petty offenses and those “similar” to them from a defendant’s criminal history score. Here, in a case of first impression, the Court rejected the defendant’s argument that his two New Jersey prior … Read more
United States v. Stewart, Docket No. 05-1989-cr (2d Cir. May 8, 2007) (Kearse, Sotomayor, C.JJ., and Koeltl, D.J.). In this extremely fact-bound opinion, the Court concludes that the district court correctly found, by a preponderance of the evidence, that the defendant procured the unavailability of a hearsay declarant. The “forfeiture-by-wrongdoing” rule is well established, and … Read more