United States v. Marcus, No. 07-4005-cr (2d Cir. August 14, 2008) (Straub, Sotomayor, Wesley, CJJ) (per curiam)

Between 1999 and 2001, Glenn Marcus kept a woman, “Jodi,” as his sex slave. Having met her on the internet, he induced her to move from the Midwest to Maryland, where he set her up in an apartment. Marcus, who lived in New York, would visit Jodi there frequently and they would engaged in various sadomasochistic sex acts. Marcus would also “punish” Jodi for her disobedience, either real or perceived, often beating her severely. In January of 2000, Marcus told Jodi to move to New York, and the violent sexual behavior continued. In 2001, after subjecting Jodi to a particularly vicious beating, Marcus released her from his domination.

Marcus was charged with violating two provisions of the Trafficking Victims Protection Act (the “TVPA”) – the sex trafficking statute, 18 U.S.C. § 1591(a)(1) and …

Untied States v. Waker, No. 07-4160-cr (2d Cir. July 22, 2008) (Hall, Livinston, CJJ, McMajon, DJ) (per curiam)

Here, the defendant unsuccessfully argued that various defects invalidated a search warrant.

He first cited two typographic errors – the magistrate accidentally set the execution deadline as April 30, 2004, instead of April 30, 2005, and the agent accidentally post-dated by one day facts in the supporting affidavit. But the court held that “minor errors” are not cause for invalidating a warrant. Here, the dating errors were harmless because “each document in which they occurred contained accurate information from which one could easily establish the correct dates.”

Waker also argued that the warrant’s cross-reference to the applicant’s affidavit violated the Fourth Amendment’s particularity requirement. The court again disagreed. The affidavit was attached, the language of warrant clearly incorporated it, and this is enough under the Fourth Amendment.

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