There were three summary orders from the Second Circuit. Of particular interest is the Court’s order in United States v. Choudhry, No. 15-1737-cr. There a panel of the Second Circuit (Newman, Cabranes, Lohier, Jr.) addressed, among other issues, whether jury instructions regarding the charge of transmission of a threat to injure were erroneous in light … Read more
United States v. Mazza, No.15-2394-cr (2d Cir. May 19, 2016) (summary order) (Jacobs, Parker, and Raggi). Congratulations to the Federal Defenders in New Haven for obtaining a vacatur and remand of a district judge’s refusal to grant a defendant’s motion for a reduction of sentence under 18 U.S.C. § 3582(c)(2). In this summary order, the … Read more
The Second Circuit did not issue any criminal decisions today.
Nothing relevant from the Second Circuit today.
In United States v. Kent, 14-2082, the Second Circuit vacated a sentence and remanded for resentencing after concluding that the District Court’s application of a 4-level enhancement under U.S.S.G. § 3B1.1(a) was not supported by adequate factual findings. The district court determined that Mr. Kent was a leader or organizer of criminal activity that was … Read more
Today’s published decision, JAVEL TAYLOR v. UNITED STATES No. 15-827 (Opinion of May 13, 2016)(Katzmann, Chief Judge, Cabranes, Circuit Judge, and Kaplan, District Judge), is addressed to how appointed appellate counsel should advise clients about seeking rehearing and rehearing en banc from an adverse decision in their case. Addressing an issue of first impression for … Read more
This seems like a good way to end the week: In United States v. Pawlak, the Sixth Circuit today held that Johnson applies to the Guidelines. You can read a copy of the opinion here. Have a nice weekend.
In United States v. Paredes, 15-Cr-436, EDNY Judge Jack B. Weinstein held that a defendant’s conviction for violating New York Vehicle and Traffic Law Section 1192.1, a violation and not a crime, does not result in criminal history points, thereby allowing the defendant to qualify for safety valve relief from a mandatory minimum sentence. Judge Weinstein … Read more
Earlier this week, in United States v. Von Behren, the Tenth Circuit Court of Appeals held that requiring that a person on supervised release answer questions on a sexual history polygraph that are designed to elicit admissions of criminal conduct violates the Fifth Amendment’s privilege against self-incrimination. You can read a copy of the opinion here. … Read more
For the third day in a row, there were no criminal decisions or summary orders from the Second Circuit. We thought these two civil cases related to government informants were interesting. Last week, in Barone v. United States, 12-cv-04103, SDNY Judge Lewis A. Kaplan allowed a Bivens claim brought by a former FBI informant to proceed on a “theory … Read more