Federal Defenders of New York Second Circuit Blog

White House Report: “Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature Comparison Methods.”

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The President’s Council of Advisors on Science and Technology today released a report entitled “Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature Comparison Methods.”  You can access the report here.  According to a White House press release, “the study aims to help close the gaps for a number of ‘feature-comparison’ methods — specifically, … Read more

Third Circuit Upheld Two As-Applied Challenges to 18. U.S.C. 922(g)(1)

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Last week, the Third Circuit, sitting en banc, upheld two as-applied challenges to 18 U.S.C. 922(g)(1), holding that it was unconstitutional as applied to individuals who have not previously been convicted of a felony involving violence.  You can read the decision in Binderup v. Attorney General, 14-4550, 14-4549, here. The Court itself described the opinion … Read more

Second Circuit Updates – August 31, 2016

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In United States v. Cunningham, No. 14-4425, the Court reversed Judge Sullivan’s decision denying a suppression motion in a robbery case where a gun was recovered from defendant-appellant Damian Cunningham’s vehicle after a traffic stop. The Court found that the circumstances of the stop did not justify a full protective search, noting in part that … Read more

Existence of “Second or Subsequent” § 924(c) Conviction Remains a Mere “Sentencing Factor” after Allyne

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In United States v. Boykin, Docket Nos. 14-851-cr & 14-1033-cr, the Court (Walker, Calabresi, Hall) in a per curiam opinion rejected defendant Simmons’s argument that under Allyne v. United States, 133 S. Ct. 2151 (2013), the fact of whether he had a “second or subsequent” conviction under 18 U.S.C. § 924(c) (for using or carrying … Read more

Follow up on third opinion from August 24, 2016

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Note, this is a follow up on the third of three opinions issued yesterday that we blogged about; see original teaser post here. Hobbs Act robbery (the interstate commerce element); Rule 16 violation (late disclosure of defendant’s statement); defense counsel’s summation comment (case agent is an interested witness); sequestration of a witness (the case agent). … Read more

Court rejects IAC claim because defendant cannot show that he would not have pleaded guilty absent counsel’s mis-advice about guidelines range

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Only one summary order from the Circuit today in the criminal realm: In United States v. Jeremy Viles, Docket No. 15-885-cr, the Court (Livingston, Carney, Stanceu), rejected the defendant’s claim that he should be allowed to withdraw his guilty plea based on then-counsel’s allegedly erroneous advice regarding the advisory Guidelines range he would face at … Read more

Second Circuit Updates – August 24, 2016 – Part 2

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I. A state court’s ruling denying collateral review of a “mixed claim” of  ineffective assistance of counsel (involving matters on the record and outside of the record),  on the procedural ground that the claim was not raised on direct appeal, was not “adequate” to bar federal habeas corpus review (28 U.S.C. § 2254). Pierotti v. … Read more

Second Circuit Updates – August 24, 2016 – Part 1

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The Circuit issued three Opinions today that are relevant to people litigating issues of criminal law.  Below is a brief description, which will be followed up with more discussion later. I. In Pierotti v. Walsh, No.15-1944-pr (Circuit Judges: Pooler, Livingston, and Lohier), the Circuit ruled in favor of a State prisoner. It holds that his … Read more