Today, in Brown v. United States, the Supreme Court held that state drug convictions count as ACCA predicates if they involved a drug that was on the federal drug schedules at the time of the state conviction. In Brown, legislatures had eliminated two substances from the relevant drug schedules – hemp and ioflupane – between the … Read more
In United States v. Marcus Odom, No. 23-6105 (2d Cir. May 8, 2024) (summary order), the Second Circuit upheld the defendant’s challenged prison sentence, while also opining that a sentencing court may not increase a prison sentence based on its disagreement with the so-called “categorical” approach. Odom’s case was before the district court for resentencing … Read more
Not sure why United States v. Antonio Ortiz, 2d Cir. No. 22-1775-cr (April 30, 2024), is a published opinion rather than a summary order. Judge Menashi’s opinion for the panel (Calabresi, Menashi, Perez) rejects Ortiz’s challenge to his five-year sentence, imposed upon revocation of supervised release after the district court found that he raped his … Read more
In United States v. Freeman, No. 23-6394 (2d Cir. April 23, 2024), the defendant was ordered to begin his supervised release almost ten years after his release from federal prison, when he was finally released from state custody on charges that were dismissed. Freeman argued that his supervised release term began upon his release from … Read more
In United States v. Maalik Alim Jones, 2d Cir. No. 22-2958-cr (April 29, 2024), the panel (Walker, Park, Perez) in a per curiam opinion rejects Jones’s challenge to his 25-year sentence, imposed on remand after a prior appeal and following Jones’s guilty plea under a new plea agreement in which he waived the right to … Read more
In United States v. McIntosh, No. 22-7386 (U.S. Apr. 17, 2024), a unanimous Supreme Court held that a district court’s failure to enter a preliminary order of forfeiture prior to sentencing, as required by Fed. R. Crim. P. 32.2(b)(2)(B), “does not bar a judge from ordering forfeiture at sentencing subject to harmless-error principles on appellate … Read more
Yes, the Second Circuit means it! If the district court doesn’t explain why a special condition of supervised release is required in a particular case, the Circuit will vacate the condition. Today, yet again, the Second Circuit vacated a condition of supervised release because the district court did not explain the reasons for imposing the … Read more
In two recent decisions, the Second Circuit reiterated the requirements for imposing special conditions of supervised release: a sentencing court must undertake an “individualized assessment” of the defendant and “state on the record the reason for imposing” any special condition. The failure to do so is error. In United States v. Alex Oliveras, No. 21-2954, … Read more
Under 18 U.S.C. § 3553(f), the so-called “safety valve” provision, district courts have a limited power to impose a sentence below the statutory mandatory minimum in certain drug cases. The defendant’s offense must not involve particular aggravating factors (violence, guns) and the defendant must have a limited criminal history. But how limited? The 2018 First … Read more
In United States v. Delvalle, No. 22-1539-cr (2d Cir. Mar. 5, 2024) (per curiam), the Court reiterated its longstanding rule that a guilty plea is not rendered involuntary or unintelligent simply because the defendant expected to receive a lower sentence than he ultimately received. Delvalle pleaded guilty to a drug conspiracy. The parties estimated that his Guidelines … Read more