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
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
The Second Circuit did not issue any decisions in criminal matters today.
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
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
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 In an unpublished opinion, United States v. Fernandini, No. 14-2203, the Second Circuit affirmed a within-Guidelines life sentence for the leader of a violent drug trafficking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
“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
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