Today, in United States v. Genao, the Second Circuit vacated an illegal reentry sentence as procedurally unreasonable where the sentencing court relied on a factually erroneous presentence investigation report (PSR) to calculate the defendant’s Guidelines range. The opinion is notable both for its analysis of whether an offense under the New York burglary statute is … Read more
This week, in United States v. Martoma, the Circuit held that a “meaningfully close personal relationship” does not need to exist between an insider and a tippee in order to establish an insider trading violation under a “gift theory” of liability. The Circuit reached this conclusion on the ground that the Supreme Court abrogated the holding … Read more
In the first decision of its kind within the Second Circuit, Judge Caproni in the SDNY held that once a defendant has met the conditions of release imposed under the Bail Reform Act, ICE cannot detain that defendant unless it is actually taking steps to remove him. You can read the opinion in United States … Read more
The Circuit affirmed the denial of a suppression motion today in United States v. Huertas. You can access the opinion here. A woman drove up to a patrol car and told the officer that “a man named Branden was nearby with a gun.” The officer drove in the direction the woman pointed and saw Huertas, … Read more
Earlier this week, in United States v. Allen, the Second Circuit reversed the defendants’ convictions and dismissed the indictments against them. You can access the Circuit’s 81-page opinion here. The Circuit considered whether a witness’s involuntary testimony that was compelled by a foreign government can be used against in a U.S. prosecution. In its introduction, … Read more
This article by the Marshall Project looks at recent efforts to limit in-court identifications. Led by the work of the Innocence Project, efforts to reduce wrongful convictions caused by in-court identifications are making progress. Connecticut, for example, has prohibited in-court identifications unless the witness knew the defendant prior to witnessing the events at issue or … Read more
The Second Circuit vacated former New York Speaker of the House Sheldon Silver’s convictions for honest services fraud, Hobbs Act extortion, and money laundering based on an erroneous jury instruction. You can access the opinion here. At trial, the District Court instructed the jury that an “official act” within the meaning of the charges was “any … Read more
In an opinion issued today, the Circuit vacated and remanded a decision by SDNY Judge Katherine B. Forrest to deny the defendant a reduction in offense level based on acceptance of responsibility despite his guilty plea. You can access the decision in United States v. Delacruz, No. 15-4174, here. The Circuit held that “[I]n light … Read more
The Restoration of Rights project has a useful website that can help you determine the collateral consequences of conviction your client may face. The project offers executive and judicial mechanisms for avoiding or mitigating those consequences and advice regarding non-discrimination in employment following a conviction. The project tracks this information for each state and for … Read more
Today, the Circuit held in Harbin v. Sessions, No. 14-1433-ag, that the New York offense of criminal sale of a controlled substance in the 5th degree, NYPL 220.31, is not a controlled substance offense for immigration purposes. You can access the opinion here. The analysis is straightforward: (1) The NY statute prohibits the sale of … Read more