No Second Circuit decisions today.
The Second Circuit did not issue any criminal decisions today.
Nothing relevant from the Second Circuit today.
Nothing relevant from the Second Circuit today.
Second Circuit Vacates Sentence Due to Inadequate Factual Determination Regarding Application of the “Otherwise Extensive” Nature of Conduct Enhancement under U.S.S.G. § 3B1.1(a); Affirms Three Convictions in Summary Orders
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
NEW RULES OF THE ROAD FOR CJA COUNSEL ABOUT INFORMING CLIENTS OF THEIR RIGHT TO SEEK REHEARING AND REHEARING EN BANC
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
Sixth Circuit Holds that Johnson Applies to the Guidelines
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.
District Court Updates: Driving While Impaired Violation Under NY VTL 1192.1 Does Not Count For Criminal History; Career Offender Guideline Too Harsh
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
Advising Clients Regarding Sexual Polygraph Exams and the Fifth Amendment in Child Pornography Cases
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
Two Interesting District Court Civil Cases Regarding Informants
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
Judge Rakoff Rejects Proposed Handwriting Expert Testimony
In an opinion released May 6, in the case Almeciga v. Center for Investigative Reporting, 15-cv-4319, SDNY Judge Jed S. Rakoff granted a defense motion to exclude proposed expert handwriting analysis testimony, holding that “handwriting analysis in general is unlikely to meet the admissibility requirements of Federal Rules of Evidence 702.” The opinion documents the … Read more