Federal Defenders of New York Second Circuit Blog

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

Drug Quantity Must Be Alleged in Indictment for Defendant to Be Sentenced to More than 20 Years, even if Defendant Allocutes to Specific Quantity

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United States v. Cordoba-Murgas et al., Docket No. 04-3131-cr (L) (2d Cir. Sep. 7, 2005) (Op. by Cabranes): A great decision by the Circuit, and a hard-fought win by Ed Zas of this Office. In this opinion by Judge Cabranes, the Circuit rules that in light of drug quantity’s status as an element of the … Read more

Prison Disciplinary Proceeding, Following a Criminal Conviction for Same Misbehavior, Does Not Violate Double Jeopardy

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Andre Porter v. Thomas A. Coughlin, III, et al., Docket No. 03-0273 (2d Cir. August 31, 2005) (Op. by Sotomayor): No new ground is broken in this opinion, which simply re-affirms the Second Circuit’s earlier decision in United States v. Hernandez-Fundora, 58 F.3d 802 (2d Cir. 1995), holding that a criminal prosecution and a prison … Read more