United States v. Jones, Docket No. 03-1626 (2d Cir. June 30, 2006) (Kearse, Miner, Hall): This fact-intensive opinion upholds Jones’s convictions (for RICO, RICO conspiracy, VICAR conspiracy, and drug conspiracy) against his sufficiency, multiplicity, retroactive misjoinder, and IAC challenges. No new law is made, and even a quick reading of this sad saga is enough … Read more
United States v. Jenkins, Docket No. 05-2679-cr (L) (2d Cir. June 23, 2006) (Meskill, Cabranes, Wesley): This case was litigated by attorneys from this Office, so this Blog will stick mostly to description. The Court holds that when police stop a vehicle based on a reasonable but mistaken belief that a law has been violated, … Read more
United States v. Ramirez, Docket No. 05-4575-cr (2d Cir. June 23, 2006) (Meskill, Cabranes, Wesley) (per curiam): The title basically says it all. In this very short opinion, the Circuit confirms that Booker does not alter the long-standing rule that “the filing of a prior felony information under [21 U.S.C.] § 851(a)(1) ‘is required only … Read more
Policano v. Herbert, Docket No. 04-5518-pr (2d Cir. June 21, 2006) (Pooler, Sack, Garaufis (by desig’n) (per curiam)): In the original panel opinion (issued November 2005), Policano v. Herbert, 430 F.3d 82 (2d Cir. 2005) (click here for our discussion), Judge Sack granted the habeas writ to Policano after concluding that the evidence at trial … Read more
United States v. Riley, Docket No. 0-1585-cr (2d Cir. June 21, 2006) (Kearse, Miner, Cabranes): This decision upholds the imposition of a 2-level obstruction enhancement under U.S.S.G. § 3C1.1, even though the defendant’s obstructive conduct appeared to have occurred before the Government began its investigation (and a fortiori its prosecution) of the defendant for the … Read more
United States v. Rattoballi, Docket No. 05-1562-cr (amended opinion June 21, 2006) (Walker, Winter, Jacobs): Yesterday, the panel in Rattoballi (click here for our critique of the original opinion) sua sponte issued an amended opinion. However, because the Circuit (1) never informs its readers what portion(s) of the original opinion has been altered in an … Read more
United States v. Jimenez, Docket No. 05-2221-cr (2d Cir. June 5, 2006) (Walker, Newman, Sotomayor) (per curiam): (By James Stull, rising 2-L at Stanford Law School and intern at FDNY) The safety valve remains difficult to open for defendants convicted of drug offenses under 21 U.S.C. §§ 841, 844, 846, 960, and 963. In an … Read more
United States v. Francis Boccagna, Docket No. 04-5099-cr (2d Cir. June 13, 2006) (Jacobs, Sack, Raggi): (By Lara Samet, rising 2-L at NYU Law School and intern at FDNY) Boccagna ran an intricate scheme. Distilled to its essentials, he made false statements to procure loan guarantees from the Department of Housing and Urban Development (HUD), … Read more
United States v. Kane, Docket No. 05-2714-cr (2d Cir. June 19, 2006) (Meskill, Straub, Katzmann) (per curiam): This opinion primarily holds that while a sentencing court may not rely on a defendant’s abstract beliefs (or writings) for the purpose of demonstrating that those beliefs / writings (and by extension the defendant) are “morally reprehensible” (and … Read more
United States v. Rattoballi, Docket No. 05-1562-cr (2d Cir. June 15, 2006) (Walker, Winter, Jacobs): Someone please wake us up: We read this opinion and had a nightmare that we lived either in another Circuit or in an alternate universe in which Booker had never happened. In an extraordinary act of law-making that flouts Booker … Read more