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
The Second Circuit issued summary affirmances in two criminal cases today. In United States v. Jasmin, No. 15-2546, the Court affirmed the conviction of the former mayor of Spring Valley, New York, on mail fraud and extortion charges. The Court held that the government’s reliance at trial on a mailing not specified in the indictment … Read more
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
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
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
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
In 2014, a jury convicted Eric Stevenson, a former member of the New York state assembly for the Bronx, of accepting bribes to promote a proposal in the state legislature about adult daycare centers. The district court sentenced him to 36 months of imprisonment and a forfeiture of $22,000. Today the Second Circuit affirmed the … Read more
The Second Circuit didn’t decide any criminal cases today. But for your daily dose of criminal justice info, check out this new report about the views of crime victims on incarceration and punishment. A study by the Alliance for Safety and Justice found that the vast majority of crime victims would prefer that the criminal … Read more
In United States v. Lee, 15-458, the Second Circuit affirmed a conviction under 18 U.S.C. 641 and the 30-month sentence that followed. Relying in part on Apprendi, the Court concluded that a loss amount in excess of $1000 is an element of a felony offense under Section 641 and that, to allege a felony, the … Read more
Last week, the Second Circuit decided United States v. Epskamp, No. 15-2028. The Court affirmed the district court’s decisions regarding the extraterritoriality of 21 U.S.C. 959. The appeal followed a trial in front of Judge Sullivan and concerned the use of an aircraft registered in the United States as part of a scheme to fly … Read more