Federal Defenders of New York Second Circuit Blog

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Conscious Avoidance Doctrine Applicable to Defendant’s “Belief” where Underlying “Crime” Is a Government Sting

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United States v. Roman Nektalov, Docket No. 05-2780-cr (2d Cir. Aug. 25, 2006) (Meskill, Cabranes, Wesley): This is a fascinating opinion — maybe too interesting for a Friday afternoon. The issue is whether the conscious avoidance doctrine — under which a defendant can be held liable for his “knowledge” of fact X upon a finding … Read more

Circuit Gilds the Lily: Sentence within Guidelines Range Not Unreasonable Simply Because Judge Refused to Account for 100:1 Disparity in Crack Case

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United States v. Park, Docket No. 05-6158-cr (2d Cir. Aug. 25, 2006) (Cabranes, Straub, Hall): We’re not sure why the Circuit felt the need to publish this opinion in light of Castillo, but what’s a few more trees felled for the cause of justice? In Castillo, the Circuit held that “a non-Guidelines sentence imposed simply … Read more

IEEPA’s Delegation of Authority to President Is Constitutional

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United States v. Osameh Al Wahaidy, Docket No. 05-4770-cr (2d Cir. Aug. 24, 2006) (Leval, Jacobs, Rakoff): This case concerns the constitutionality of the International Emergency Economic Powers Act (“IEEPA”), which authorizes the President to regulate financial transactions with foreign countries (or nationals) in times of security crisis and prescribes penalties for violations of executive … Read more

Prosecutor Cannot Avoid Brady Obligation by Claiming that He Did Not Believe Witness’s Exculpatory Statement

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Disimone v. Phillips, Docket No. 05-6893-pr (2d Cir. Aug. 22, 2006) (Miner, Calabresi, Restani): In this decision, the Circuit (1) reverses the district court’s grant of habeas based on insufficiency of the evidence (on the ground that Disimone failed to raise an insufficiency claim to the state appellate courts and cannot demonstrate cause and prejudice … Read more

Government’s Scattershot Implementation of Fast-Track Programs Does Not Create Unreasonable Sentences in Non-Fast-Track Districts

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United States v. Mejia, Docket No. 05-3903-cr (2d Cir. Aug. 22, 2006) (Jacobs, Parker, Oberdorfer): In holding that a sentencing court has no authority to reconsider or reject the Guidelines’ 100:1 treatment of powder vs crack cocaine, the Circuit last week in Castillo specifically rejected the defendant’s argument that § 3553(a)(6) — instructing district courts … Read more

District Courts Cannot Reject Guidelines’ 100:1 Disparity Between Powder and Crack Cocaine even under the “Advisory” Guidelines Regime

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United States v. Castillo, Docket No. 05-3454-cr (2d Cir. Aug. 16, 2006) (Katzmann, Sack, Murtha): To those who had hoped that our fair Circuit would have more sense than the First, Fourth, and Seventh Circuits, … think again. In Castillo, the Second Circuit follows those Circuits in vacating and holding unreasonable a sentence based solely … Read more

Charge That Defendant’s “Deep Personal Interest” Creates “Motive for False Testimony” Requires Reversal

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United States v. Prince Gaines,Docket No. 04-5616 (Jacobs, Parker, Gleeson(D.J.)) : In a close gun-possession case, in which the defendant testified that he had not known of the presence of a gun found hidden (or less hidden) in a gypsy cab seat where he was a passenger, the Court found reversible error in a charge … Read more

Increased Sentence Following Post-Booker Remand Upheld

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United States v. Quentin Singletary, Docket No. 05-6145 (2d Cir. July 19, 2006) (Cabranes, Straub, Hall): At his initial sentencing before the decision in Booker, the defendant was given an upward departure to a sentence of 42 months on his conviction for possessing crack with the intent to distribute it. He appealed, and the case … Read more