On February 17, 2021, the district court issued a new order in the continuing saga of United States v. Ali Sadr Hashemi Nejad, 18 Cr. 224 (AJN). A previous opinion detailing the relevant facts was issued on September 16, 2020. This is a prosecution that began to unravel back in early 2020. In 2018, Mr. … Read more
In a prosecution under 18 U.S.C. § 922(g), “the Government must prove [] that the defendant . . . knew he belonged to the relevant category of persons barred from possessing a firearm.” Rehaif v. United States, 139 S. Ct. 2191, 2200 (2019). Usually, this means proving the defendant knew he’d previously been convicted of … Read more
In United States v. Razzouk, No. 18-1395 (2d Cir. Jan. 4, 2021), the Second Circuit, in an opinion by Judge Carney, joined by Judge Walker and District Judge Koeltl, held that in determining whether a conviction is for an “offense against property,” such that restitution is required under the Mandatory Victims Restitution Act (“MVRA”), 18 … Read more
In Pedro Garcia-Hernandez, No. 19-2504 (2d Cir. Dec. 18, 2020)(summary order), the Second Circuit rejected a Rule 11 claim that the guilty plea was not knowingly and voluntarily entered because the district court’s explanation of the sentence the defendant faced was confusing. The district explained at the plea colloquy that the defendant was subject to … Read more
In United States v. Daniel Antonio Salas-Miranda, No. 20-734 (2d Cir. Dec. 18, 2020)(summary order), the Court of Appeals rejected an argument that the 24-month guideline sentence, imposed for illegal reentry in violation of 8 U.S.C. § 1326(a), was substantively unreasonable. The sentence was imposed to run consecutively to a 10-year state sentence imposed for … Read more
The Appellant in United States v. Wasylyshyn, 979 F.3d 165 (2d Cir. 2020) was convicted of creating a loud noise and nuisance at the Binghamton federal courthouse, in violation of 41 C.F.R. § 102-74.390(a), after getting into an argument with two court security officers (“CSOs”). Id. at 168. Although the Circuit was “troubled by [the] … Read more
Defendants Brian Racine and Andrew Raymond ran a business producing and selling synthetic marijuana between 2013 and 2015. At the time, “synthetic” cannabinoids weren’t listed on the federal controlled substances schedules. Instead, the government charged that these substances were “controlled substance analogues” under the Controlled Substance Analogue Enforcement Act of 1986 (“Analogue Act”), 21 U.S.C. … Read more
In United States v. Moseley, No.18-2003, 2020 WL 5523210 (2d Cir. Nov. 3, 2020) , the Second Circuit holds that the choice-of-law provisions in the defendant’s payday-loan agreements — which named 3 jurisdictions that don’t have usury laws — were unenforceable under New York law, so the usury laws of New York applied in the … Read more
Defendants-Appellants Kathy Scott and George Santiago, Jr. are former correction officers with the New York State Department of Correction and Community Supervision (“DOCCS”) at the Downstate Correctional Facility in Fishkill, New York. The evidence at their jury trial was that “Scott and Santiago, along with other officers of DOCCS, assaulted Kevin Moore, an inmate at … Read more
Last week, the Circuit closed the door on any Davis issue relating to 18 U.S.C. § 111(b), holding that 18 U.S.C. § 111(b) is a crime of violence. Even though this was a matter of first impression for the Circuit, it issued a per curiam decision without ordering full briefing (or indeed any briefing by … Read more