Federal Defenders of New York Second Circuit Blog

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Refusal to Depart for Diminished Capacity Upheld

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United States v. Felix Valdez, Docket No. 04-3811-cr (2d Cir. Oct. 5, 2005) (Walker, Cardamone, Parker): There is little of interest in this largely fact-specific opinion, discussing the well-established contours of the diminished capacity departure under U.S.S.G. § 5K2.13. Valdez argues on appeal that the district court (Judge Duffy) “incorrectly applied the Guidelines by using … Read more

Rehearing Denied in Candyman Case

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United States v. Martin, Docket No. 04-1600-cr (L) (Petition for Rehearing Denied, Oct. 3, 2005) (Walker & Wesley) (Pooler, dissenting): In a published decision, Chief Judge Walker sticks to his guns and denies the defendant’s petition for rehearing in this controversial case involving a Fourth Amendment challenge to a search warrant issued in connection with … Read more

Crawford Error Found Not Harmless!

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United States v. Rodriguez et al., Docket No. 03-1639 (2d Cir. Oct. 3, 2005) (Calabresi, Pooler, Parker): How does that line go — “Oh what a tangled web we weave, when we first practice to deceive”? Here, the defendants’ “practice to deceive” — a rather inspired scheme to rip off a drug dealer (who turned … Read more

Condition of Supervised Release Prohibiting Unauthorized Contact between Defendant and His Son Vacated for Lack of Factual Bases

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United States v. Duane Arthur Myers, Docket No. 04-3498-cr (2d Cir. September 27, 2005) (Sotomayor, Raggi, Hall): This is yet another decision in a long line of cases evaluating the propriety of an intrusive condition of supervised release imposed by a district court on a kiddie porn offender. Readers should consult the opinion themselves to … Read more

Blakely / Booker Challenge to Safety Valve Rejected on Narrow Ground

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United States v. Hector B. Ramirez, Docket No. 03-1280 (2d Cir. September 27, 2005) (Sack, Katzman, Parker): This case rejects a Sixth Amendment, Blakely/Booker-based challenge to the statutory safety valve provision, 18 U.S.C. § 3553(f) (permitting a court to impose a sentence without regard to otherwise applicable statutory minimum if defendant meets a number of … Read more

A Good Lesson on the Limits of the “Protective Sweep” Exception to the Warrant Requirement

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United States v. Edward Gandia, Docket No. 04-6477-cr (2d cir. Sep. 19, 2005) (Straub, Sack, and Kravitz, D.J.): Yet another fine opinion by Judge Sack, this time reversing the district court’s order denying Mr. Gandia’s motion to suppress evidence seized as the result of a “protective sweep” of the defendant’s apartment. Although no new legal … Read more

The Nullification Power Curtailed Again: Jury Can Be Told that It Must Convict if Government Proved Guilt beyond a Reasonable Doubt

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United States v. Sean Carr, Docket No. 04-0546-cr (2d Cir. Sep. 14, 2005) (Feinberg, Sack, and Katzmann) (Op. by Sack): Despite its glorious role in our early history, the jury’s power of nullification has long been viewed with great disfavor by the Circuit. In this decisions, the Court clarifies that a district court does not … Read more

Circuit Vacates Judgment of Acquittal in Structuring Case

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United States v. William MacPherson, Docket No. 04-4825-cr (2d Cir. September 13, 2005) (Op. by Raggi): In this decision, the Circuit vacates a judgment of acquittal entered by Judge Johnson in the E.D.N.Y. following a jury verdict convicting MacPherson — an NYPD officer — of structuring currency transactions to avoid reporting requirements, in violation of … Read more

Circuit Continues Down the Wrong Road: New York YO Adjudication Qualifies as “Adult Conviction” under Career Offender Guideline

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United States v. Brian Jones, Docket No. 04-2506-cr (2d Cir. July 19, 2005): This is a decision from July that we missed before taking our summer hiatus. Guest blogger Darrell Fields of the Appeals Unit of the Federal Defenders in NYC provides the following analysis of this important decision. In United States v. Jones, 415 … Read more