This week the Supreme Court issued a number of significant criminal opinions, as well as a number of GVRs signalling that the holding of Sessions v. Dimaya likely extends to § 924’s residual clause (18 U.S.C. § 924(c)(3)(B)). In McCoy v. Louisiana, 16-8255, the Court held that it was structural Sixth Amendment error for an attorney … Read more
The Supreme Court issued a number of significant opinions yesterday, but it is worth highlighting an important district court decision that might otherwise escape notice. This month, Southern District Judge Gregory Woods issued an opinion and order granting a new trial based on the government’s inadvertent failure to provide Jencks Act material—specifically the notes of … Read more
Today the Second Circuit issued an amended opinion in United States v. Hill, holding that Hobbs Act Robbery is a crime of violence under 18 U.S.C. 924(c)(3)(A) (924(c)’s so-called “force clause”). The good news about the decision is that it omits the portion of the earlier-issued opinion that upheld against a vagueness challenge 18 U.S.C. … Read more
Yesterday, in a headline-making white collar case, United States v. Litvak, No. 17-1464 (2d Cir. 2018) (Winter, Chin, Korman (EDNY)), the Circuit reversed an insider trading conviction on Rule 401 and 403 grounds. In very general terms, the Circuit ruled that the district court erroneously admitted testimony of a witness’s subjective belief as to a … Read more
It’s been a busy week for the Second Circuit. On Wednesday, the Circuit reversed a sentence imposing a life term of supervised release for a defendant who had initially been convicted of drug offenses. See United States v. Brooks, No. 16-4063 (2d Cir. 2018) (per curiam) (Parker, Lynch, Chin) (appeal from Kaplan, J., SDNY). The … Read more
Today the Second Circuit reversed the denial of a motion to suppress guns that police found adjacent to a shed in the backyard of a defendant’s home. United States v. Alexander, No. 16-3708 (2d Cir. 2018) (Lynch, Carney, Hellerstein (SDNY)) (appeal from Amon, J., EDNY). This area, the panel held, was curtilage and thus considered … Read more
In United States v. Langston, the Second Circuit vacated and remanded a violation of supervised release. The government conceded that the judgment should be vacated, because the District Court had held a hearing on the violation over the objection of Langston and his counsel, who was not prepared, but disagreed that the case needed to be reassigned to … Read more
Though upstaged by Dimaya, the Second Circuit issued a remarkable summary order yesterday–one that calls attention to potential Brady violations in the EDNY, and to the CJA resources necessary to detect such violations. See United States v. Djibo, No. 16-3956 (2d Cir. 2018) (Sack, Hall, Droney) (appeal from Johnson, J, EDNY). In Djibo, the Circuit vacated the denial … Read more
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