Not much to report today, just one summary order, which reminds us of the importance of due dates! In United States v. Russow, 15-1768, the district court extended the defendant’s time to file an appeal. When the defendant failed to file by that date and the government objected, the 2nd Circuit precluded an appeal. … Read more
Today, the Fourth Circuit held that Johnson is substantive and retroactive as applied to the Guidelines. You can read the decision in Hubbard here.
No criminal cases were decided by the Circuit today. But there is an interesting civil case resulting from the plaintiff’s arrest by NYPD detectives, on charges that were later dismissed. The plaintiff brought a civil suit against the defendants — several named NYPD detectives — under 42 U.S.C.§ 1983 . The case is Figueroa v. … Read more
In United States v. Leroy Derry, Docket No. 15-1829-cr, which was issued yesterday but amended today, the Circuit (by Judge Parker, joined by Judges Pooler and Livingston) ruled as a matter of statutory interpretation that Derry was ineligible for a second sentence reduction under 18 U.S.C. § 3582(c)(2) because the new 2015 amendment (under which … Read more
Today there was a big decision (both metaphorically and literally – the decision runs 104-pages) from the Second Circuit in United States v. Ganias about search warrants in an age of digital data. In Ganias, the government seized and made identical copies of three hard drives that belonged to an accountant, Stavros Ganias, pursuant to … Read more
Today the Second Circuit issued a 104-page en banc opinion in United States v. Ganias, 12-240-cr. In Ganias, the Court affirmed the judgment of the district court, holding that the government had relied on a search warrant in good faith and declining to reach the Fourth Amendment question raised by the defendant. The case involved … Read more
The Court issued two summary orders in criminal cases today. Neither Appellant prevailed. United States v. Humphries, No. 14-985-cr (2d Cir. May 26, 2016) (Cabranes, Straub, and Lohier) Humphries was convicted after a jury trial of interstate travel in aid of racketeering, conspiracy to commit wire fraud to defeat Canadian tax revenue, conspiracy to manufacture … Read more
Senior Eastern District Judge Frederic Block issued a 42-page opinion in United States v. Nesbeth, 15-CR-18(FB), calling for a close reexamination of the collateral consequences that follow felony convictions, the ways these consequences hamper rehabilitation efforts, and their inclusion as a factor in determining the appropriate sentence under 18 U.S.C. 3553(a). (N.B. Ms. Nesbeth was represented by … Read more
The Court did not issue any decisions in criminal cases today.
The Second Circuit issued four summary orders in criminal cases today. United States v. Rigo, 15-1914, remanded the case for resentencing. The Second Circuit held that the district court committed plain error in calculating the loss amount for the purposes of determining the guideline range. The Circuit explained that “the scope of conduct for which … Read more