United States v. Cole, No. 06-0226-cr (2d Cir. August 9, 2007) (Sack, Parker, Hall, C.JJ) This case demonstrates the first principle of sentencing thermodynamics: the farther a district court gets from Foley Square – here, the Western District – the more bizarre its rulings are likely to become. Facts: Patrick Cole was the patron of … Read more
United States v. Baldwin, No. 06-4265-cr (2d Cir. July 23, 2007) (Jacobs, Wesley, Gibson, CJJ). Police officers, acting on an anonymous tip, pulled over a car that the defendant was driving. He refused to comply with any of their orders and, when one officer approached the passenger’s side, he sped off. After a chase, the … Read more
United States v. Rodriguez, No. 05-3069-cr (2d Cir. July 24, 2007)(Leval, Cabranes, CJJ, Rakoff, DJ). Ramiro Rodriguez was convicted of narcotics trafficking primarily on the testimony of two cooperating witnesses. One of those witnesses admitted on direct examination that she lied “about everything” when she “first spoke with the government.” The government had not disclosed … Read more
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