Federal Defenders of New York Second Circuit Blog

FDNY Staff

False Statement Conviction Affirmed Over Claims of Instructional Error and Prosecutorial Misconduct

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UNITED STATES V. WHITE, NO. 12-68-cr (2D CIR. NOV. 26, 2013) (SACK, HALL, AND LIVINGSTON) (SUMMARY ORDER), AVAILABLE HERE The defendant appealed from his 18 U.S.C. § 1001 conviction and claimed three errors.  First, he was deprived of a fair trial when the prosecutor acted as an “unsworn witness” by eliciting testimony about the prosecutor’s decision not … Read more

Evidence Was Sufficient to Establish that Defendant Committed Wire Fraud

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UNITED STATES V. TOMICIC, NO. 12-2653-cr (2D CIR. NOV. 22, 2013) (CALABRESE, POOLER, AND KORMAN) (SUMMARY ORDER), AVAILABLE HERE The Court affirmed the defendant’s conviction for wire fraud and denied his claim that the government presented insufficient evidence at trial.  That evidence demonstrated that the defendant submitted what he knew to be falsified, backdated competing bids … Read more

A Defendant’s Assets Can Be Used to Satisfy Criminal Fines and Forfeitures Over a Wife’s Claim of Right Under New York Law

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UNITED STATES V. BUTLER, NO. 12-5120-cr (2D CIR. NOV. 22, 2013) (POOLER, RAGGI, AND WESLEY) (SUMMARY ORDER), AVAILABLE HERE The Court held that assets in the defendant’s name could be used to satisfy a $5 million fine and $250,000 forfeiture ordered in a securities and wire fraud conviction case and denied claims by the defendant’s wife that she had … Read more

15-Year Sentence in Drugs and Gun Case Was Procedurally and Substantively Reasonable

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UNITED STATES V. HIGHSMITH, NO. 13-201-cr (2D CIR. NOV. 22, 2013) (SACK, HALL, AND LIVINGSTON) (SUMMARY ORDER), AVAILABLE HERE The Court denied this defendant’s appeal of his 15-year sentence for distribution of 50 grams or more of cocaine and a 924(c).  The defendant argued that the district court did not adequately consider certain 3553(a) factors and … Read more

Court finds that Speedy Trial Act Violation May be Harmless, United States v. Zedner, 04-0821-cr (2d Cir. April 28, 2005)

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In March 1996, Jacob Zedner walked into several banks and attempted to negotiate bonds issued by “The Ministry of Finance of U.S.A.” from the “Onited States” and with an expiration date of “forevev.” The face value of the bonds was $40 million. Surprisingly, Mr. Zedner was never able to actaully negotiate the bonds. He was, … Read more