Federal Defenders of New York Second Circuit Blog

Conditions of Supervised Release Must Be Reasonably Related To Sentencing Objectives

The Circuit issued decisions in four criminal cases today. In United States v. Brown, 14-4643, the Court vacated and remanded for resentencing.  The district court had imposed special conditions of supervision, but had not given any explanation for the conditions or stated the relationship between the conditions and any sentencing objective.  But a district court … Read more

Supreme Court reaffirms the categorical approach in ACCA cases

In Mathis v. United States, No. 15-6092, the Supreme Court reaffirmed the categorical approach to determining whether a prior conviction can give rise to the enhanced sentencing provisions of the ACCA.  If the elements of a state crime are broader than the elements listed in the generic offense, a conviction for the state crime cannot qualify … Read more

Supreme Court Again Excuses “Unconstitutional Police Conduct”

In yesterday’s Utah v. Strieff, five of the eight members of the Supreme Court held the existence of an arrest warrant for someone a police officer unlawfully stops sufficiently “attenuates” the taint of the illegal stop, at least where the stop is not “flagrantly” unconstitutional. Based on an anonymous tip, a South Salt Lake City police detective conducted … Read more

Second Circuit Updates – June 17, 2016

One major decision out of the Second Circuit today, United States v. Rowland (Docket 15-985). It’s a good read for those interested in statutory construction and interpretation. A brief overview of the facts: The defendant, John Rowland was once governor of Connecticut. After being released from federal custody following a 2004 conviction for corruption and … Read more

Defendants bat 0-3 in the Circuit today

The Second Circuit issued three summary orders in criminal cases today. In United States v. Clare, 15-1601, the Court affirmed the defendant’s conviction on marijuana and gun charges.  Clare argued that the evidence at trial was insufficient to sustain the convictions, primarily because the cooperating witnesses were not credible. The Court rejected this argument, explaining … Read more

Circuit Affirms Life Sentence for Leader of Violent Drug Trafficking Organization

There were no published opinions today. In an unpublished opinion, United States v. Fernandini, No. 14-2203, the Second Circuit affirmed a within-Guidelines life sentence for the leader of a violent drug trafficking organization over procedural and substantive reasonableness challenges. Fernandini pleaded guilty to (i) conspiracy to traffic narcotics; (ii) using a firearm to commit murder … Read more

How Severe is Too Severe (for Production of Child Porn)?

“Serious nonhomicide crimes may be devastating in their harm[,] but in terms of moral depravity and of the injury to the person and to the public, they cannot be compared to murder in their severity and irreovocability.”  So said the Second Circuit today in United States v. Brown, No. 13-1706-cr (June 14, 2016)  (quoting the … Read more