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
United States v. Joseph Ray Jordan, No. 14-79-cr (Summary Order of March 9, 2016) (Sack, Chin, Lohier): The Circuit did not issue a published decision today. However, one summary order today warrants discussion on the issue of plain error. Defendant Jordan raised a number of issues on appeal, but the Court addressed only one in … Read more
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
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
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
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
United States v. Van Mead, No. 12-4054-cr (2d Cir. Dec. 8, 2014) (Livingston, Lohier, and Stein), available here Section 130.40-2 of New York’s Penal Law provides that “[a] person is guilty of criminal sexual act in the third degree when . . . [b]eing twenty-one years old or more, he or she engages in oral … Read more
United States v. Sanchez, No. 11-2429-CR (2d Cir. Dec. 4, 2013) (Cabranes, Straub, and Livingston), available here Defendant pleaded guilty to possession with intent to distribute more than 1 kilogram of heroin, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A), an offense that carries a 10-year mandatory minimum. The government filed a prior felony … Read more
United States v. Wiltshire, No. 13-3590-cr (2d Cir. Dec. 1, 2014) (Kearse, Straub, and Wesley), available here The district court found that defendant violated her supervised release by making false statements to her probation officer and by leaving the district of her supervision without permission. She was sentenced to 90 days in custody, to be … Read more
United States v. Anderson, No. 13-4152-CR (2d Cir. Nov. 24, 2013) (Parker, Lynch, and Carney), available here Following a traffic stop of defendant’s car, Vermont state troopers arrested defendant’s wife Crystal, a passenger, believing that she had drugs hidden on her person. The troopers brought Crystal to the state police barracks, handcuffed her to a chair, … Read more