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
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
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
My lengthy vacation has ended recently, and thus this Blog will soon resume its normal activity. Thank you for your patience and continued interest.
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
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
United States v. Peter Gotti et al., Docket Nos. 04-2746-cr (L) (2d Cir. July 12, 2006) (Katzmann, Feinberg, Lynch (D.J.)): In this 94-page opinion affirming the convictions of numerous members of the Gambino crime family, the Circuit principally holds that the Supreme Court’s decision in Scheidler v. National Org. for Women, Inc., 537 U.S. 393 … Read more
Finkelstein v. Spitzer, Docket No. 05-4725-pr (2d Cir. July 11, 2006) (Kearse, Sack, Stanceu (by desig’n)) (per curiam): This short opinion confirms the rule, adopted by other Circuits that have addressed the question, that the writ of error coram nobis (filed via the All Writs Act, 28 U.S.C. § 1651) may not be used in … Read more
Levine v. Apker, Docket No. 05-2590-pr (2d Cir. July 10, 2006) (Calabresi, Raggi, Murtha (by desig’n)): This is a great victory for the defense. The Court, by Judge Calabresi and with Judge Raggi dissenting, holds that the BOP exceeded its statutory authority when it promulgated a February 2005 rule categorically limiting the amount of time … Read more
United States v. Jerrell Heath, Docket No. 04-4599-cr (2d Cir. July 10, 2006) (Calabresi, Cabranes, Hall (by desig’n)): The majority opinion by Judge Calabresi has the unusual vice of being both legally suspect and factually wrong. In a case where the Circuit role-plays as the Supreme Court – Judge Cabranes joins only in Part II … Read more