Today, in a short opinion, the Second Circuit confirmed that second-degree robbery in New York is categorically a crime of violence under the residual clause of the pre-2016 Career Offender Guideline (COG). See U.S.S.G. § 4B1.2 (2015). The opinion in United States v. Smith, No. 15-3313 (2d Cir. 2018) (Winter, Cabranes, Restani) (appeal from Failla, … Read more
Yesterday, over a dissent by Judge Chin, the Second Circuit rejected what seemed to be a promising claim that the district court constructively amended the indictment in a drug conspiracy case. See United States v. Dove, No. 14-1150 (2d Cir. 2018) (Walker, Pooler, Chin) (appeal from Cogan, J., EDNY). The opinion in Dove, available here, … Read more
Today the Supreme Court granted certiorari in Gundy v. United States, No. 17-6086, to decide whether the Sex Offender Registration and Notification Act (SORNA) violates the nondelegation doctrine by delegating authority to the Attorney General to issue regulations under 42 U.S.C. § 16913(d). The grant is particularly significant because, as Sentencing Resource Counsel Ada Phleger … Read more
Yesterday, the Second Circuit held that a Guidelines recalculation pursuant to a motion to reduce a sentence must account for Guidelines’ grouping rules that, when applied, leave the defendant’s amended Guidelines range unchanged. See United States v. Carosella, No. 17-896 (2d Cir. 2018) (per curiam) (Walker, Lynch, Chin), opinion available here. Unfortunately, this holding may … Read more
The Supreme Court held this week, in Class v. United States, that a guilty plea does not inherently bar a defendant from arguing on appeal that the statute of conviction violates the Constitution. Amy Baron-Evans of the Sentencing Resource Counsel has the details: The Supreme Court held in Class v. United States that a guilty plea … Read more
The Second Circuit issued two opinions this week on third parties’ claims for restitution and shares of criminally forfeited property from defendants. See Federal Insurance Co. v. United States & United States v. Mazer (related cases), Nos. 16-2967 & 16-3402 (2d Cir. 2017) (Parker, Lynch, Carney) (appeal from Daniels, J., SDNY), opinion available here; United … Read more
It’s been a slow week for the Second Circuit, but today it issued a summary order reversing a sentence for violations of supervised release as procedurally unreasonable. This holding is unremarkable in light of the district court’s failure to articulate any specific reasons for the defendant’s above-Guidelines sentence. Somewhat notable, however, is the panel’s discussion … Read more
Today the Second Circuit reversed a district court’s sentence imposing as a special condition of supervised release that the defendant refrain from using any alcohol whatsoever while on supervision. The summary order in United States v. Betts, No. 17-231-cr (Leval, Calabresi, Cabranes) (appeal from W.D.N.Y.) is available here. The defendant in Betts was originally convicted of conspiracy to … Read more
Two valuable opinions have been published outside the Second Circuit in recent weeks: (1) The First Circuit has held that attempted second-degree robbery in New York is not a “crime of violence” for purposes of the Career Offender Guideline’s force clause, U.S.S.G. § 4B1.(2)(a)(1). The opinion in United States v. Steed, No. 17-1011 (1st Cir. 2018) (Barron, J.) … Read more
Today the Second Circuit ordered that a defendant’s indictment be dismissed with prejudice because his 6th Amendment speedy trial right was violated. The opinion in United States v. Tigano, 15-3073 (2d Cir. 2018) (Winter, Walker, Pooler), available here, is a case study in “poor trial management,” slip op at 5, and the improper use of competency hearings. (Like … Read more