Federal Defenders of New York Second Circuit Blog

In Summary Order, Second Circuit rejects claims that bank records and tax returns erroneously were admitted into evidence, that the government improperly interfered with defense access to witnesses, and that the government made improper statements during summation.

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United States v. Tavarez, No. 15-1395 (2d Cir. Apr. 27, 2016) (Katzmann, Cabranes, and Kaplan). Tavarez was convicted after a jury trial of one count of conspiracy to distribute and possess with intent to distribute cocaine. He argued on appeal that: (1) the district court abused its discretion by admitting Tavarez’s bank records and tax … Read more

New RDAP Rules

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Below is a message from Denise Barrett from the National Sentencing Resource Counsel Project reporting on new rules relating to the Bureau of Prisons’ Residential Drug Abuse Program (RDAP). The BOP changed some of the RDAP rules.  They are published in the federal register and take effect May 26, 2016. Unfortunately, BOP has retained the … Read more

Categories BOP

Second Circuit “Disturb[ed] That District Courts Do Not Routinely Follow” Rule 11

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Today in United States v. Pattee, the Second Circuit (Calabresi, Lynch, Lohier, CJJ.) found it “disturbing that district courts do not routinely follow the minimal procedures put in place to protect defendants’ rights.” In accepting a guilty plea to producing, distributing and possessing child pornography, the district court (Geraci, Ch.J.) failed to advise the defendant of “five … Read more

Circuit Affirms Convictions of Madoff Co-Conspirators

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The Circuit issued no published criminal decisions today. But it did issue three summary orders, including a 30-page decision (does that still qualify as a “summary” order?) affirming the fraud-related convictions of five former employees of Bernie Madoff’s investment company. United States v. Bonventre, No. 14-4714-cr(L) (2d Cir. Apr. 20, 2016) (Walker, Raggi, and Droney) … Read more

Johnson is Retroactive

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In last year’s Johnson v. United States, the Supreme Court held the residual clause of the Armed Career Criminal Act (ACCA) void for vagueness. In today’s Welch v. United States, the Supreme Court held Johnson applies retroactively.  Only Justice Thomas dissented. This means defendants serving final sentences — meaning ones previously affirmed on appeal — are now eligible for … Read more

Second Circuit Updates – April 18, 2016

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No published opinions today, and only one notable summary order involving an SEC civil enforcement action. SEC v. DAVID SMITH, LYNN SMITH, et al., Nos. 15-1314-cv(L), 15-1317-cv(con), 15-1354-cv(con) (Summary Order of April 18, 2016) (Pooler, Park, and Livingston). This summary affirmance addressed multiple disgorgement orders by a district court in a civil enforcement action relating to … Read more

Second Circuit Updates – April 15, 2016

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No published opinions today, only two summary orders: a direct appeal and a collateral (§2255) challenge. UNITED STATES v. JAMES PASS, No. 15-1446-CR (Summary Order of April 15,  2016)(Kearse, Cabranes, and Chin).  This summary affirmance is interesting for the Circuit’s  criticisms of how the  judge conducted this sentencing in the E.D.N.Y. Defendant Pass claims three … Read more