Federal Defenders of New York Second Circuit Blog

Colleen Cassidy

The Supreme Court Holds that the Advisory Guideline Are not Subject to Vagueness Challenges

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In Beckles v. United States, 580 U.S. ___, 2017 WL 855781 (March 6, 2017) the Supreme Court held that Johnson v. United States, 576 U.S. 2551, 135 S.Ct. ___ (2015), does not apply to the Guidelines’ residual clause because “the advisory Guidelines are not subject to vagueness challenges under the Due Process clause.” Slip op. … Read more

The Unusual Nature of the Guidelines’ Fraud Loss Enhancements Is a Ground for Downward Variance

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In an opinion written by Judge Newman, the Second Circuit today vacated the defendants’ sentences of 30 and 21 months, respectively, for food stamp fraud for the district court to consider imposing non-guideline sentences on the ground that the defendants’ Guidelines ranges were significantly increased by the loss enhancements, an unusual feature of the Guideline … Read more

Second Circuit Updates – July 15, 2016

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The Record of the Psychiatric Evaluation of a Rape Complainant was Material Under Brady and State Court’s Ruling to the Contrary was Unreasonable Application of the Kyles standard. (Full disclosure: Colleen Cassidy, today’s blogger, briefed and argued this case) In Fuentes v. Griffin, Docket NO. 14 – 3878, the Second Circuit (KEARSE, J.), held that … Read more

Summary Order Reaffirms Second Circuit Rule that Youthful Offender Adjudications Can Count as Crimes of Violence under the Guidelines even after Sellars

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There is only one summary order today, United States v. Oscar Cardoza, 15-1602-cr. The Second Circuit reaffirmed its rule that a New York youthful offender adjudication counts as a crime of violence under USSG 2L1.2(b)(1)(A)(ii), if the nature of the proceedings, the sentence received, and the actual time served shows that the state treated the … Read more

Summary Order on “Automobile Frisk” and the Prejudice Prong of Ineffective Assistance of Counsel

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United States Jonathan Bulluck, No. 13-255-cr (Summary order of March 24, 2016 (Leval, Calabresi, Lynch): The Court did not a issue a published opinion today. Its one summary order affirmed the denial of an ineffectiveness claim for lack of prejudice, on the ground that the search of a bag (which contained drugs)in a car stop … Read more