Federal Defenders of New York Second Circuit Blog

Second Circuit Updates – March 16, 2016 – Home Confinement as Condition of Supervised Release, Sentencing Enhancement for Using Gun in a Robbery, Scope of Cross Examination

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Three short summary orders today: First up, United States v. Fiume: In this case, the sentencing court imposed “GPS tracking” as a condition of Mr. Fiume’s supervised release, but never stated that it was also imposing home detention, a “separate and additionally burdensome condition.” Nonetheless, a condition of home detention appeared in Mr. Fiume’s written … Read more

EDNY Update: Judge Garaufis Rules Ronell Wilson Cannot Be Executed in Light of Intellectual Disability

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United States v. Ronell Wilson, 04-Cr-1016 (NGG), Mem. & Order (Dkt 1535) (Filed 3/15/16) Ronell Wilson cannot be executed, Judge Garaufis found, despite twice being sentenced to death, because under the Supreme Court’s recent decision in Hall v. Florida, he is intellectually disabled, and, therefore, executing him would violate the Eighth Amendment and the Federal … Read more

Second Circuit Overturns Sentence Based on “Reasonable Probability” that Factual Misunderstanding Affected Sentence, Affirms Three Other Sentences

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The Court did not release any published criminal decisions today, but did issue four summary orders in criminal cases: United States v. Peña, No. 14-3837(L) (Katzmann, Lohier, and Droney) The Peña brothers (Hector and Jose) were convicted after a jury trial of various counts relating to the murders of a drug dealer and others. The … Read more

Two Summary Orders on Search and Seizure

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No published opinions today; only two summary orders (from the same panel of Katzmann, Sack, and Lohier) rejecting Fourth and Fifth Amendment challenges by the defendant. In United States v. Mohammed Aleem, No. 15-186, the Court rejected appellant’s argument that evidence obtained by the Royal Canadian Mounted Police (RCMP), and later used in his prosecution, … Read more

Sentence Imposing Imprisonment is Final Even if the Amount of Restitution is Undetermined; Pro Se Litigant’s Third 2255 Motion Deemed Successive Petition

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The Second Circuit issued two opinions today. UNITED STATES v. TULSIRAM, No. 14-2483 (2d Cir. March 7, 2016)(Cabranes, Parker, and Lynch). The Circuit addresses two issues in this case: the first concerns its jurisdiction to review a judgment of conviction that imposes a sentence of imprisonment and restitution but leaves the restitution undetermined; the second, … Read more

Second Circuit Hears “Deflate-gate Case”

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No criminal decisions out of the Second Circuit today, although the court did hear arguments today in the infamous “deflate-gate case” and did not seem receptive to the arguments made by the N.F.L. Player’s Union. Two interesting local criminal justice stories today: First, a look at the plan to stop arresting people in Manhattan for … Read more

A Rare Sufficiency Win, On Transaction Structuring Counts

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United States v. Taylor, No. 14-360-cr (March 2, 2016) (Droney, with by Pooler and Lohier) The Circuit affirmed a cocaine conspiracy conviction over a constructive amendment claim, but vacated a conviction for transaction structuring on sufficiency grounds, holding that no rational juror could have found the requisite intent to evade currency reporting requirements just from … Read more

Good Faith Reliance on Search Warrant Required Reversal of Suppression Order

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United States v. Raymonda, No. 13-4899-cr (2d Cir. Mar. 2, 2013) (Walker, Lynch, and Chin), available here Someone using defendant’s IP address accessed thumbnail images of child pornography on the Internet. More than nine months later, government agents obtained a search warrant for defendant’s  home and discovered over 1,000 files of child pornography. The district court … Read more