United States v. Ledee, No. 13-2363-cr (2d Cir. Aug. 8, 2014) (Walker, Pooler, and Wesley), available here

The defendant was convicted of crimes stemming from participating via webcam in the sexual abuse of an eight-year-old girl by her mother. At trial, the district court granted the government’s motion to close the courtroom during the victim’s testimony to all persons who were not directly involved in the trial, including the defendant’s parents.

On appeal, the defendant argued that the courtroom closure violated his Sixth Amendment right to a public trial. The Circuit, over a dissent by Judge Pooler, disagreed and affirmed. [Disclosure: Federal Defenders of New York, Inc., represents the defendant in this case.]

For a courtroom to be closed to the public in compliance with the Sixth Amendment, four requirements must be met: (1) the closure must “advance an overriding interest that is likely to be prejudiced;” (2) …

United States v. Park, No. 13-4142-cr (2d Cir. July 9, 2014) (Cabranes, Carney, and Droney) (per curiam), available here

United States v. Reed, No. 13-0359(L) (2d Cir. June 25, 2014) (Jacobs, Calabresi, and Pooler), available here

Herrera-Gomez v. United States, No. 14-1166 (2d Cir. June 17, 2014) (Winter, Walker, and Cabranes) (per curiam), available here

United States v. Certified Environmental Services, Inc., No. 11-4872(L)-cr (2d Cir. May 28, 2014) (Raggi, Carney, and Rakoff), available here

United States v. Mandell, No. 12-1967-cr(L) (2d Cir. May 16, 2014) (Wesley,  Carney, and Wallace) (per curiam), available here 

Ross Mandell and Adam Harrington were convicted, after a jury trial, of various substantive and conspiratorial counts of securities fraud, wire fraud, and mail fraud. Mandell was sentenced principally to 144 months in prison; Harrington got 60 months.

The defendants’ central contention on appeal was that the government failed to present sufficient evidence of domestic securities transactions under Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010), and United States v. Vilar, 729 F.3d 62 (2d Cir. 2013). The Circuit disagreed, citing evidence that certain investors in certain transactions were required to submit purchase applications and payments to a company in the United States. The Court, viewing the evidence in the light most favorable to the government, held that a rational jury could have found the essential elements of …

United States v. Ganias, No. 12-240-cr (2d Cir. June 17, 2014) (Hall, Chin, and Restani), available here

Yesterday, the Circuit handed down what Professor Orin Kerr has already called “a very important new Fourth Amendment case.” In an opinion by Judge Chin, the Court held that the government violates the Fourth Amendment when it indefinitely retains computer files that were seized pursuant to a search warrant but are not responsive to the warrant. For a fuller discussion of this noteworthy decision, see the article at this link.…

United States v. Taylor, No. 11-2201-cr(L) (2d Cir. May 23, 2014), available here

United States v. Medunjanin, No. 12-4724-cr (2d Cir. May 20, 2014) (Kearse, Wesley, and Droney), available here

United States v. Kerr, No. 11-5462-cr(L) (2d Cir. May 16, 2014) (Kearse, Parker, and Hall), available here

After being charged with possessing MDMA with intent to distribute, Kerr ceased communicating with  — and then fired — his two appointed attorneys, insisted on pressing several “ill-advised theories of defense,” and underwent a competency examination that ultimately found him competent to stand trial. He elected to represent himself at trial but, with the assistance of a newly appointed attorney, pled guilty midway through. After entering the plea, Kerr resumed his prior behavior: he again refused to communicate with counsel and filed numerous pro se motions to withdraw his plea and obtain new counsel. At sentencing, Kerr’s attorney expressed concern about Kerr’s mental stability; the court also commented on his belligerent behavior. Ultimately, the court sentenced him to 121 months of imprisonment.

On appeal, the Circuit affirmed. It rejected Kerr’s argument that his post-plea “erratic” …

United States v. Lockhart, No. 13-0602-cr (2d Cir. May 15, 2014) (Katzmann, Straub, and Lohier), available here

This appeal required the Court to decide the meaning of 18 U.S.C. § 2252(b)(2), which mandates a ten-year minimum term of imprisonment for a defendant who possesses child pornography and was previously convicted “under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward.” Specifically, does the phrase “involving a minor or ward” modify only “abusive sexual conduct,” such that a prior sexual abuse conviction involving an adult victim constitutes a qualifying predicate offense?

The Circuit said yes, and affirmed the defendant’s ten-year sentence. [Disclosure: Federal Defenders of New York, Inc., represents Mr. Lockhart.]

Lockhart pled guilty to possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B), which ordinarily carries no mandatory minimum sentence. But he had previously been convicted in a New York State …