Courtesy of Sentencing Resource Counsel Sissy Phleger. (See yesterday’s post for a quick take on Dimaya‘s implications for the Second Circuit’s holding, in United States v. Elvin Hill, that § 924(c)(3)’s residual clause is not constitutionally vague). — Today, in Sessions v. Dimaya, the Supreme Court struck down the residual clause in 18 U.S.C. § 16(b) as unconstitutionally vague. … Read more
Today, in Sessions v. Dimaya, the Supreme Court held in a long-awaited, 5-4 opinion that the residual clause definition of a “crime of violence” incorporated by the Immigration and Nationality Act (INA), 18 U.S.C. § 16(b), is unconstitutionally vague. Justice Kagan wrote the majority opinion, which Justice Gorsuch joined in relevant parts while also writing … Read more
Today, BuzzFeed News made public a searchable database of the disciplinary records of 1,800 NYPD employees who faced departmental misconduct charges between 2011 and 2015. BuzzFeed News says it has “determined that there is an overwhelming public interest in” the records, and has published them in searchable format. You can find an article explaining the … Read more
The Second Circuit issued no criminal opinions or notable summary orders this week. This silence provides the occasion to flag two recent decisions outside the Circuit about the scope of Miller v. Alabama (2012) (requiring individualized sentencing consideration before sentencing a juvenile offender to life without parole, and holding that this punishment may be imposed only … Read more
It’s been a relatively slow week for the Second Circuit, but the Supreme Court recently granted cert. in Stokeling v. United States, 17-5554, a case concerning the definition of “violent felony” under the ACCA. Sentencing Resource Counsel Sissy Phleger has these details: The issue: Whether a state robbery offense that includes “as an element” the common … Read more
Yesterday the Second Circuit issued a short opinion reversing a special condition of supervised release requiring the defendant to abstain from any alcohol while on supervision. The opinion in United States v. Betts, No. 17-231 (Leval, Calabresi, Cabranes) (reversal from WDNY) is available here. (The Second Circuit recently issued a summary opinion that reached the same conclusion … Read more
Yesterday the Circuit engaged in a bit of harmless error in describing the relationship between the Confrontation Clause and the business records exception to the hearsay rule, Fed. R. Evid. 803(6). The mistake in United States v. Grecco, No. 16-3112 (2d Cir. 2008) (Jacobs, Wesley, Korman (EDNY)), available here, is worth flagging because it has the potential … Read more
Today the Second Circuit held that three robberies committed on the same evening–within the same hour–were “committed on occasions different from one another” within the meaning of the ACCA. See United States v. Bordeaux, 17-486 (2d Cir. 2018) (Cabranes, Raggi, Vilardo (WDNY)). The opinion, available here, also holds that a subsection of Connecticut’s first-degree robbery statute, punishing robberies … Read more
This week the Supreme Court held that, to establish a violation of the IRS’s obstruction provision, 26 U.S.C. § 7212(a), the government must prove that the defendant was aware of a pending, “targeted governmental tax-related proceedings, such as a particular investigation or audit.” Sentencing Resource Counsel Sissy Phleger has the details: In Marinello v. United States, … Read more
The Second Circuit held yesterday that venue in the SDNY was proper for defendants charged with a narcotics conspiracy that operated in the U.S. Virgin Islands and Florida. The only meaningful link to the SDNY was that, after arrest, a co-conspirator was transported to Manhattan and, at the behest of government agents, called some of … Read more