Eastern District Judge Cheryl Pollak has scheduled a hearing on the conditions of confinement, particularly for women, at the MDC. For years, lawyers have raised issues about the conditions of confinement in general and the conditions of confinement for women in particular. As reported in today’s New York Daily News, the National Association of Women Judges … Read more
The Second Circuit decided the case of United States v. Marinello (Docket No. 15-2224) on Friday. You can see the 44-page decision here. The case involved small businessman, Carlo Marinello, who did not keep corporate records or file personal or corporate income tax returns for nearly two decades. Marinello was convicted by a jury in … Read more
Last week, the Second Circuit vacated the sentence in United States v. Bennett, No. 15-0024 (“Opinion”). The Court held that, in order to justify the 5-level enhancement under U.S.S.G. 2G2.2(b)(3)(B) for distribution of child pornography “for the receipt, or expectation of receipt, of a thing of value,” “the Government must advance specific, individualized evidence that … Read more
No Second Circuit decisions today. In EDNY news: On Friday, Jeffrey Hurant, the CEO of Rentboy.com, pleaded guilty to promoting prostitution. He will be sentenced on February 2. Rentboy.com allowed escorts to advertise their services online. The case made headlines last year when Hurant and others were arrested and the files of Rentboy.com seized. The … Read more
In United States v. Jones, previously blogged about here, the Second Circuit held New York robbery is not a categorical “crime of violence” under the Career Offender Guideline, U.S.S.G. § 4B1.2. The Court’s opinion was based in part on the view, shared by the government and all but one of the circuits, that the Guideline’s residual clause … Read more
Anyone trying to convince a judge or a jury that a police officer is lying, have hope! Kwame Garnett always asserted that an undercover officer was lying about his involvement in a drug buy and bust. Unlike many defendants, however, Mr. Garnett was able to convince the judge and jury that he proved that the … Read more
The Office of the Inspector General released an audit of the Drug Enforcement Administration’s management and oversight of its confidential source program. The report contains a lot of useful information about the way the DEA confidential source program is supposed to work and provides counsel with potentially fruitful avenues of cross examination and specific Brady requests. … Read more
Supreme Court to Decide Whether Johnson Applies to 18 U.S.C. 924(c) The Supreme Court granted certiorari today in Lynch v. Dimaya, 15-1498, 2016 WL 3232911 (U.S., Sep. 29, 2016). The issue is whether the residual clause in 18 U.S.C. § 16(b), which has the same wording as the residual clause in 18 U.S.C. § 924(c), … Read more
Today SUNY voted to remove questions from applications about the applicant’s criminal record. This is an important step towards making access to education easier for people who have been convicted of crimes. As explained in a detailed report from the New York City Bar Association*, over the past decade, colleges and universities have increasingly included … Read more
Defense attorneys in Chicago have moved to dismiss cases on the basis that the Bureau of Alcohol, Tobacco, Firearms and Explosives (the ATF) violated the equal protection clause by targeting people of color for its fake stash house sting cases. The Federal Defenders, CJA Panel attorneys, and the Federal Criminal Justice Clinic at the University … Read more