United States v. Manuel Gonzalez, Docket No. 03-1356 (2d Cir. August 22, 2005) (Sack, Sotomayor, Raggi) (Op. by Raggi): This is a significant opinion that is long overdue. The Court finally clarified that, in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), and its own en banc decision … Read more
United States v. Madori, Docket No. 03-1526 (2d Cir. August 19, 2005) (Op. by B.D. Parker): No new ground is broken in this fact-intensive opinion, which principally affirms a loan-sharking conviction against sufficiency and Brady/Giglio challenges. It is worth reading only for the richness of the background story: A Mob-connected lender; a loan made at … Read more
United States v. Shitian Wu, Docket No. 03-1503 (2d Cir. August 18, 2005) (McLaughlin, Pooler, Wesley) (Op. by Wesley): Because this case was litigated by attorneys from this Office, we will refrain from commentary and stick to description. Essentially, the majority held, with a dissent from Judge Pooler, that a false statement made in one … Read more
United States v. Willie Coreas, Docket No. 03-1790-cr (2d Cir. August 18, 2005) (Jacobs, Calabresi & Rakoff, D.J.) (Op. by Rakoff): Our faith in the rule of law has been restored. In this opinion, Judge Rakoff of the SDNY, writing for Judges Jacobs & Calabresi as well (thus covering the political spectrum from the Federalist … Read more
United States v. Kenneth Jaeggi, Docket No. 04-4543-cr (L) (2d Cir. August 17, 2005) (Op. by Winter): The private white collar bar owes an enormous debt of gratitude to Judge Winter, as well as to the fine folks at Sullivan & Cromwell (representing Jaeggi), for this astounding decision. Lawyers for well-to-do securities fraud defendants can … Read more
United States v. Joseph Martin, Docket No. 04-1600-cr (L) (2d Cir. August 4, 2005) (Op. by Walker): Chills ran down this reader’s spine while reading the majority opinion. If the Government can ransack one’s house and papers based on such barebones evidence — essentially, joining a listserve / e-group discussing illegal activity — what will … Read more
Greiner v. Wells, Docket No. 04-2809-pr (2d Cir. August 8, 2005) (Op. by Wesley): This opinion, reversing the lower court’s grant of habeas, contains a very thorough discussion of the relevant facts as well as the law governing ineffective assistance of counsel claims on habeas review. It breaks no new ground, however, in concluding that … Read more
United States v. Amar Amante, Docket No. 05-3067-op (2d Cir. August 9, 2005) (Op. by Walker): There is little new in this opinion, disappointing and wrong-headed though it is. It simply follows upon three bad cases in the Circuit — United States v. Gilliam, 994 F.2d 97 (2d Cir. 1993), United States v. Belk, 346 … Read more
United States v. Jimmy Glen, Docket No. 04-2394-cr (2d Cir. August 10, 2005) (Op. by Winter): This is a great little case that serves as further reminder that counsel must always check out the details of prior convictions used to enhance a current sentence. Here, defendant pled guilty to a 21 USC § 841(b)(1)(A) charge … Read more
United States v. Francisco Lake, Docket No. 04-3238-cr (2d Cir. August 15, 2005) (Op. by Newman): Judge Newman’s monopoly in shaping Circuit law concerning appellate review of pre-Booker sentences in the wake of Booker continues. In this opinion, the Court confirms what Fagans implicitly held and what the Circuit’s practice has been since that decision: … Read more